54 North Carolina opinions name it 2 courts 1956–2025 8 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Hookergreen2 sentences2025Rather, “if a ‘request be made for a special instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance.’ ” State v. Lamb, 321 N.C. 633, 644 , 365 S.E.2d 600, 605-06 (1988) (quoting State v. Hooker, 243 N.C. 429, 431 , 90 S.E.2d 690, 691 (1956)). 2025Rather, “if a ‘request be made for a special instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance.’ ” State v. Lamb, 321 N.C. 633, 644 , 365 S.E.2d 600, 605-06 (1988) (quoting State v. Hooker, 243 N.C. 429, 431 , 90 S.E.2d 690, 691 (1956)). | 10 | 11 |
State v. Lambgreen2 sentences2025Rather, “if a ‘request be made for a special instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance.’ ” State v. Lamb, 321 N.C. 633, 644 , 365 S.E.2d 600, 605-06 (1988) (quoting State v. Hooker, 243 N.C. 429, 431 , 90 S.E.2d 690, 691 (1956)). 2025Rather, “if a ‘request be made for a special instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance.’ ” State v. Lamb, 321 N.C. 633, 644 , 365 S.E.2d 600, 605-06 (1988) (quoting State v. Hooker, 243 N.C. 429, 431 , 90 S.E.2d 690, 691 (1956)). | 8 | 10 |
State v. Monkgreen2 sentences2020PALMER Opinion of the Court case, the court must give the instruction in substance.” State v. Monk, 291 N.C. 37, 54 , 229 S.E.2d 163, 174 (1976). 2020PALMER Opinion of the Court case, the court must give the instruction in substance.” State v. Monk, 291 N.C. 37, 54 , 229 S.E.2d 163, 174 (1976). | 7 | 11 |
State v. Ballgreen2 sentences2009“A prerequisite to our engaging in a ‘plain error’ analysis is the determination that the instruction complained of constitutes ‘error’ at all.” State v. Torain, 316 N.C. 111, 116 , 340 S.E.2d 465, 468 (1986). “[W]hen the request is correct in law and supported by the evidence, the court must give the instruction in substance.” State v. Ball, 324 N.C. 233, 238 , 377 S.E.2d 70, 73 (1989) (emphasis added). *709 Since we have determined that defendant’s knowledge that the victim was in his custody was not a required element of the charge of sex offense by a custodian, the trial court did not err 2009“A prerequisite to our engaging in a ‘plain error’ analysis is the determination that the instruction complained of constitutes ‘error’ at all.” State v. Torain, 316 N.C. 111, 116 , 340 S.E.2d 465, 468 (1986). “[W]hen the request is correct in law and supported by the evidence, the court must give the instruction in substance.” State v. Ball, 324 N.C. 233, 238 , 377 S.E.2d 70, 73 (1989) (emphasis added). *709 Since we have determined that defendant’s knowledge that the victim was in his custody was not a required element of the charge of sex offense by a custodian, the trial court did not err | 4 | 4 |
State v. Thompsongreen2 sentences2021However, if “a request for instructions is correct in law and supported by the evidence in the case, the court must give the instruction in substance.” State v. Thompson, 328 N.C. 477, 489 , 402 S.E.2d 386, 392 (1991). ¶ 24 Our Supreme Court defines “first-degree murder perpetrated by means of lying in wait” as “a killing where the assassin has stationed himself or is lying in ambush for a private attack upon his victim.” State v. Leroux, 326 N.C. 368, 375 , 390 S.E.2d 314, 320 (1990) (citations and internal quotation marks omitted). 2021However, if “a request for instructions is correct in law and supported by the evidence in the case, the court must give the instruction in substance.” State v. Thompson, 328 N.C. 477, 489 , 402 S.E.2d 386, 392 (1991). ¶ 24 Our Supreme Court defines “first-degree murder perpetrated by means of lying in wait” as “a killing where the assassin has stationed himself or is lying in ambush for a private attack upon his victim.” State v. Leroux, 326 N.C. 368, 375 , 390 S.E.2d 314, 320 (1990) (citations and internal quotation marks omitted). | 3 | 3 |
State v. Lerouxgreen2 sentences2021However, if “a request for instructions is correct in law and supported by the evidence in the case, the court must give the instruction in substance.” State v. Thompson, 328 N.C. 477, 489 , 402 S.E.2d 386, 392 (1991). ¶ 24 Our Supreme Court defines “first-degree murder perpetrated by means of lying in wait” as “a killing where the assassin has stationed himself or is lying in ambush for a private attack upon his victim.” State v. Leroux, 326 N.C. 368, 375 , 390 S.E.2d 314, 320 (1990) (citations and internal quotation marks omitted). 2021However, if “a request for instructions is correct in law and supported by the evidence in the case, the court must give the instruction in substance.” State v. Thompson, 328 N.C. 477, 489 , 402 S.E.2d 386, 392 (1991). ¶ 24 Our Supreme Court defines “first-degree murder perpetrated by means of lying in wait” as “a killing where the assassin has stationed himself or is lying in ambush for a private attack upon his victim.” State v. Leroux, 326 N.C. 368, 375 , 390 S.E.2d 314, 320 (1990) (citations and internal quotation marks omitted). | 3 | 3 |
State v. Godwingreen2 sentences2022BENNER 2022-NCSC-28 Opinion of the Court Crim. 308.10, “the trial court adequately convey[ed] the substance of [defendant’s] request” to the jury, citing State v. Godwin, 369 N.C. 604, 613 (2017) (holding that, “[w]hen a defendant requests a special jury instruction that is correct in law and supported by the evidence, the court must give the instruction in substance” but that “the court is not required to give [the instruction] verbatim”), and State v. Trull, 349 N.C. 428 , 455–56 (1998) (noting that “jury instructions should be as clear as practicable, without needless repetition”). 2022BENNER 2022-NCSC-28 Opinion of the Court Crim. 308.10, “the trial court adequately convey[ed] the substance of [defendant’s] request” to the jury, citing State v. Godwin, 369 N.C. 604, 613 (2017) (holding that, “[w]hen a defendant requests a special jury instruction that is correct in law and supported by the evidence, the court must give the instruction in substance” but that “the court is not required to give [the instruction] verbatim”), and State v. Trull, 349 N.C. 428 , 455–56 (1998) (noting that “jury instructions should be as clear as practicable, without needless repetition”). | 2 | 2 |
State v. Warrengreen2 sentences2012Failure to instruct upon all substantive or material features of the crime charged is error.” State v. Bogle, 324 N.C. 190, 195 , 376 S.E.2d 745, 748 (1989). “[I]f a party requests an instruction which is a correct statement of the law and is supported by the evidence, the court must give the instruction at least in substance." State v. Warren, 327 N.C. 364, 371 , 395 S.E.2d 116, 121 (1990) (emphasis added). 2012Failure to instruct upon all substantive or material features of the crime charged is error.” State v. Bogle, 324 N.C. 190, 195 , 376 S.E.2d 745, 748 (1989). “[I]f a party requests an instruction which is a correct statement of the law and is supported by the evidence, the court must give the instruction at least in substance." State v. Warren, 327 N.C. 364, 371 , 395 S.E.2d 116, 121 (1990) (emphasis added). | 2 | 2 |
State v. Summeygreen2 sentences2011“A trial court is not required to give a requested instruction in the exact language of the request, but where the request is correct in law and supported by the evidence in the case, the court must give the instruction in substance.” State v. Summey, 109 N.C. 2004"A trial court is not required to give a requested instruction in the exact language of the request, but where the request is correct in law and supported by the evidence in the case, the court must give the instruction in substance." State v. Summey, 109 N.C.App. 518, 526 , 428 S.E.2d 245, 249 (1993). | 2 | 2 |
State v. Greengreen2 sentences2014While “[i]t is well established in this jurisdiction that the trial court is not required to give a requested instruction in the exact language of the request,” “when the request is correct in law and supported by the evidence in the case, the court must give the instruction in substance.” State v. Green, 305 N.C. 463, 476-77 , 290 S.E.2d 625, 633 (1982). *593 This Court reviews issues relating to the substance of the trial court’s instructions using a de novo standard of review. 2014While “[i]t is well established in this jurisdiction that the trial court is not required to give a requested instruction in the exact language of the request,” “when the request is correct in law and supported by the evidence in the case, the court must give the instruction in substance.” State v. Green, 305 N.C. 463, 476-77 , 290 S.E.2d 625, 633 (1982). *593 This Court reviews issues relating to the substance of the trial court’s instructions using a de novo standard of review. | 1 | 2 |
State v. Corngreen2 sentences1990Id. 1988State v. Corn, 307 N.C. 79, 86 , 296 S.E.2d 261, 266 (1982). | 1 | 2 |
State v. Howardgreen2 sentences1982See State v. Howard, 274 N.C. 186 , 162 S.E. 2d 495 (1968). 1982See State v. Howard, 274 N.C. 186 , 162 S.E. 2d 495 (1968). | 1 | 2 |
State v. Blairgreen2 sentences2025If a request is made for a special instruction, “which is correct in itself and supported by evidence, the court must give the instruction at least in substance.” State v. Blair, 181 N.C. 2025App. 236, 242 , 638 S.E.2d 914, 919 (2007). | 1 | 1 |
State v. Bradleygreen2 sentences2024The requested instruction in the instant case was a correct application of the law to the evidence.” Id. at 363 , 309 S.E.2d at 513 (citation omitted). 2024The requested instruction in the instant case was a correct application of the law to the evidence.” Id. at 363 , 309 S.E.2d at 513 (citation omitted). | 1 | 1 |
In Re Estate of Lowegreen2 sentences2019“While the court is not required to give the instruction in the exact language of the request, if request be made for a specific instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance.” In re Estate of Lowe, 156 N.C. 2019App. 616, 619 , 577 S.E.2d 315, 317 (2003) (quoting State v. Hooker, 243 N.C. 429, 431 , 90 S.E.2d 690, 691 (1956)). | 1 | 1 |
State v. Wallacegreen2 sentences2018Rather, when the [defendant’s] request is correct in law and supported by the evidence, the court must give the instruction in substance.” State v. Wallace, 351 N.C. 481, 525 , 528 S.E.2d 326, 353 (2000) (citation and internal quotation marks omitted). 2018Rather, when the [defendant’s] request is correct in law and supported by the evidence, the court must give the instruction in substance.” State v. Wallace, 351 N.C. 481, 525 , 528 S.E.2d 326, 353 (2000) (citation and internal quotation marks omitted). | 1 | 1 |
State v. Mewborngreen2 sentences2015“It is well settled that ‘if a request be made for a special instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance.’ ” State v. Mewborn, 178 N.C. 2015App. 281, 292 , 631 S.E.2d 224, 231 (2006) (quoting State v. Lamb, 321 N.C. 633, 644 , 365 S.E.2d 600, 605-06 (1988)). | 1 | 1 |
| State v. Lewisgreen | 1 | 1 |
| State v. Herringgreen | 1 | 1 |
| State v. Boglegreen | 1 | 1 |
| State v. Toraingreen | 1 | 1 |
| State v. Spicergreen | 1 | 1 |
| State v. Thomasgreen | 1 | 1 |
| State v. Chapmangreen | 1 | 1 |
| State v. Garrettgreen | 1 | 1 |
| State v. Singletarygreen | 1 | 1 |
| State v. Vausegreen | 1 | 1 |
| State v. Goldengreen | 1 | 1 |
| Matter of Will of Jollygreen | 1 | 1 |
| State v. Rosegreen | 1 | 1 |
| State v. Fullwoodgreen | 1 | 1 |
| State v. Averygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Trull
green
2 sentences2022BENNER 2022-NCSC-28 Opinion of the Court Crim. 308.10, “the trial court adequately convey[ed] the substance of [defendant’s] request” to the jury, citing State v. Godwin, 369 N.C. 604, 613 (2017) (holding that, “[w]hen a defendant requests a special jury instruction that is correct in law and supported by the evidence, the court must give the instruction in substance” but that “the court is not required to give [the instruction] verbatim”), and State v. Trull, 349 N.C. 428 , 455–56 (1998) (noting that “jury instructions should be as clear as practicable, without needless repetition”). 2022BENNER 2022-NCSC-28 Opinion of the Court Crim. 308.10, “the trial court adequately convey[ed] the substance of [defendant’s] request” to the jury, citing State v. Godwin, 369 N.C. 604, 613 (2017) (holding that, “[w]hen a defendant requests a special jury instruction that is correct in law and supported by the evidence, the court must give the instruction in substance” but that “the court is not required to give [the instruction] verbatim”), and State v. Trull, 349 N.C. 428 , 455–56 (1998) (noting that “jury instructions should be as clear as practicable, without needless repetition”). | 2 | 2022–2022 |
State v. Voltz
green
2 sentences2020“Whether a jury instruction correctly explains the law is a question of law, reviewable by this Court de novo.” State v. Voltz, 255 N.C. 2020“Whether a jury instruction correctly explains the law is a question of law, reviewable by this Court de novo.” State v. Voltz, 255 N.C. | 2 | 2020–2020 |
State v. Garvick
neutral
2 sentences2016To establish error, therefore, the defendant "must show that the requested instructions were not given in substance and that substantial evidence supported the omitted instructions." State v. Garvick, 98 N.C.App. 556 , 568, 392 S.E.2d 115 , 122 (citing State v. White, 77 N.C.App. 45 , 52, 334 S.E.2d 786 , 792, cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985) ), aff'd per curiam, 327 N.C. 627 , 398 S.E.2d 330 (1990). 2016To establish error, therefore, the defendant "must show that the requested instructions were not given in substance and that substantial evidence supported the omitted instructions." State v. Garvick, 98 N.C.App. 556 , 568, 392 S.E.2d 115 , 122 (citing State v. White, 77 N.C.App. 45 , 52, 334 S.E.2d 786 , 792, cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985) ), aff'd per curiam, 327 N.C. 627 , 398 S.E.2d 330 (1990). | 2 | 2014–2016 |
State v. Blackmon
green
2 sentences1993State v. Blackmon, 38 N.C. 1989State v. Blackmon, 38 N.C. | 2 | 1989–1993 |
State v. . Booker
neutral
2 sentences1974“While the court is not required to give the instruction in the exact language of the request, if request be made for a specific instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance.” State v. Hooker, 243 N.C. 429 , 90 S.E. 2d 690 ; State v. Pennell, 232 N.C. 573 , 61 S.E. 2d 593 ; State v. Booker, 123 N.C. 713 , 31 S.E. 376 . 1974“While the court is not required to give the instruction in the exact language of the request, if request be made for a specific instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance.” State v. Hooker, 243 N.C. 429 , 90 S.E. 2d 690 ; State v. Pennell, 232 N.C. 573 , 61 S.E. 2d 593 ; State v. Booker, 123 N.C. 713 , 31 S.E. 376 . | 2 | 1956–1974 |
State v. Pennell
neutral
2 sentences1974“While the court is not required to give the instruction in the exact language of the request, if request be made for a specific instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance.” State v. Hooker, 243 N.C. 429 , 90 S.E. 2d 690 ; State v. Pennell, 232 N.C. 573 , 61 S.E. 2d 593 ; State v. Booker, 123 N.C. 713 , 31 S.E. 376 . 1974“While the court is not required to give the instruction in the exact language of the request, if request be made for a specific instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance.” State v. Hooker, 243 N.C. 429 , 90 S.E. 2d 690 ; State v. Pennell, 232 N.C. 573 , 61 S.E. 2d 593 ; State v. Booker, 123 N.C. 713 , 31 S.E. 376 . | 2 | 1956–1974 |
State v. White
neutral
2 sentences2016To establish error, therefore, the defendant "must show that the requested instructions were not given in substance and that substantial evidence supported the omitted instructions." State v. Garvick, 98 N.C.App. 556 , 568, 392 S.E.2d 115 , 122 (citing State v. White, 77 N.C.App. 45 , 52, 334 S.E.2d 786 , 792, cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985) ), aff'd per curiam, 327 N.C. 627 , 398 S.E.2d 330 (1990). 2016To establish error, therefore, the defendant "must show that the requested instructions were not given in substance and that substantial evidence supported the omitted instructions." State v. Garvick, 98 N.C.App. 556 , 568, 392 S.E.2d 115 , 122 (citing State v. White, 77 N.C.App. 45 , 52, 334 S.E.2d 786 , 792, cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985) ), aff'd per curiam, 327 N.C. 627 , 398 S.E.2d 330 (1990). | 1 | 2016–2016 |
State v. Garvick
neutral
1 sentence2016To establish error, therefore, the defendant "must show that the requested instructions were not given in substance and that substantial evidence supported the omitted instructions." State v. Garvick, 98 N.C.App. 556 , 568, 392 S.E.2d 115 , 122 (citing State v. White, 77 N.C.App. 45 , 52, 334 S.E.2d 786 , 792, cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985) ), aff'd per curiam, 327 N.C. 627 , 398 S.E.2d 330 (1990). | 1 | 2016–2016 |
State v. Beck
neutral
2 sentences2016However, when the request is correct in law and supported by the evidence in the case, the court must give the instruction in substance.' " State v. Beck, 233 N.C.App. 168 , 171, 756 S.E.2d 80 , 82 (alteration in original) (quoting State v. Monk, 291 N.C. 37 , 54, 229 S.E.2d 163 , 174 (1976) ), writ of supersedeas denied, disc. review denied, 367 N.C. 508 , 759 S.E.2d 94 (2014). 2016However, when the request is correct in law and supported by the evidence in the case, the court must give the instruction in substance.' " State v. Beck, 233 N.C.App. 168 , 171, 756 S.E.2d 80 , 82 (alteration in original) (quoting State v. Monk, 291 N.C. 37 , 54, 229 S.E.2d 163 , 174 (1976) ), writ of supersedeas denied, disc. review denied, 367 N.C. 508 , 759 S.E.2d 94 (2014). | 1 | 2016–2016 |
State v. White
green
2 sentences2016To establish error, therefore, the defendant "must show that the requested instructions were not given in substance and that substantial evidence supported the omitted instructions." State v. Garvick, 98 N.C.App. 556 , 568, 392 S.E.2d 115 , 122 (citing State v. White, 77 N.C.App. 45 , 52, 334 S.E.2d 786 , 792, cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985) ), aff'd per curiam, 327 N.C. 627 , 398 S.E.2d 330 (1990). 2016To establish error, therefore, the defendant "must show that the requested instructions were not given in substance and that substantial evidence supported the omitted instructions." State v. Garvick, 98 N.C.App. 556 , 568, 392 S.E.2d 115 , 122 (citing State v. White, 77 N.C.App. 45 , 52, 334 S.E.2d 786 , 792, cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985) ), aff'd per curiam, 327 N.C. 627 , 398 S.E.2d 330 (1990). | 1 | 2016–2016 |
Talian v. City of Charlotte
neutral
1 sentence2016To establish error, therefore, the defendant "must show that the requested instructions were not given in substance and that substantial evidence supported the omitted instructions." State v. Garvick, 98 N.C.App. 556 , 568, 392 S.E.2d 115 , 122 (citing State v. White, 77 N.C.App. 45 , 52, 334 S.E.2d 786 , 792, cert. denied, 315 N.C. 189 , 337 S.E.2d 864 (1985) ), aff'd per curiam, 327 N.C. 627 , 398 S.E.2d 330 (1990). | 1 | 2016–2016 |
State v. Beck
green
2 sentences2016However, when the request is correct in law and supported by the evidence in the case, the court must give the instruction in substance.' " State v. Beck, 233 N.C.App. 168 , 171, 756 S.E.2d 80 , 82 (alteration in original) (quoting State v. Monk, 291 N.C. 37 , 54, 229 S.E.2d 163 , 174 (1976) ), writ of supersedeas denied, disc. review denied, 367 N.C. 508 , 759 S.E.2d 94 (2014). 2016However, when the request is correct in law and supported by the evidence in the case, the court must give the instruction in substance.' " State v. Beck, 233 N.C.App. 168 , 171, 756 S.E.2d 80 , 82 (alteration in original) (quoting State v. Monk, 291 N.C. 37 , 54, 229 S.E.2d 163 , 174 (1976) ), writ of supersedeas denied, disc. review denied, 367 N.C. 508 , 759 S.E.2d 94 (2014). | 1 | 2016–2016 |
State v. Osorio
green
1 sentence2014State v. Osorio, 196 N.C. | 1 | 2014–2014 |
| State v. Sanders green | 1 | 2012–2012 |
| State v. Boyd green | 1 | 2008–2008 |
| State v. Carson green | 1 | 2008–2008 |
| State v. Lane green | 1 | 2007–2007 |
| State v. Hale green | 1 | 1974–1974 |
| State v. . Henderson neutral | 1 | 1956–1956 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.