6 North Carolina opinions name it 3 courts 2001–2022 2 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. Norrisgreen2 sentences2018See, e.g. , State v. McAvoy , 331 N.C. 583 , 595-96, 417 S.E.2d 489 , 497 (1992) (citing State v. Norris , 303 N.C. 526 , 530, 279 S.E.2d 570 , 572-73 (1981) ). 2018See, e.g. , State v. McAvoy , 331 N.C. 583 , 595-96, 417 S.E.2d 489 , 497 (1992) (citing State v. Norris , 303 N.C. 526 , 530, 279 S.E.2d 570 , 572-73 (1981) ). | 1 | 1 |
State v. McAvoygreen2 sentences2018See, e.g. , State v. McAvoy , 331 N.C. 583 , 595-96, 417 S.E.2d 489 , 497 (1992) (citing State v. Norris , 303 N.C. 526 , 530, 279 S.E.2d 570 , 572-73 (1981) ). 2018See, e.g. , State v. McAvoy , 331 N.C. 583 , 595-96, 417 S.E.2d 489 , 497 (1992) (citing State v. Norris , 303 N.C. 526 , 530, 279 S.E.2d 570 , 572-73 (1981) ). | 1 | 1 |
State v. Jamesgreen2 sentences2013Because of these risks to the defendant’s constitutional rights, we held that “the trial court must take control of the situation[and conduct a hearing]” Id. at 791 , 433 S.E.2d at 758-59 (citation and internal quotation marks omitted). “[Thus] the failure of the trial judge to conduct an inquiry, in and of itself, constitutes reversible error.” Id. at 791 , 433 S.E.2d at 759 (citation and internal quotation marks omitted); see also Choudry, 365 N.C. at 226 , 717 S.E.2d at 356 (noting the same presumption of prejudice in the absence of a hearing, but upholding the defendant’s conviction becaus 2013Because of these risks to the defendant’s constitutional rights, we held that “the trial court must take control of the situation[and conduct a hearing]” Id. at 791 , 433 S.E.2d at 758-59 (citation and internal quotation marks omitted). “[Thus] the failure of the trial judge to conduct an inquiry, in and of itself, constitutes reversible error.” Id. at 791 , 433 S.E.2d at 759 (citation and internal quotation marks omitted); see also Choudry, 365 N.C. at 226 , 717 S.E.2d at 356 (noting the same presumption of prejudice in the absence of a hearing, but upholding the defendant’s conviction becaus | 1 | 1 |
State v. Choudhrygreen2 sentences2013Because of these risks to the defendant’s constitutional rights, we held that “the trial court must take control of the situation[and conduct a hearing]” Id. at 791 , 433 S.E.2d at 758-59 (citation and internal quotation marks omitted). “[Thus] the failure of the trial judge to conduct an inquiry, in and of itself, constitutes reversible error.” Id. at 791 , 433 S.E.2d at 759 (citation and internal quotation marks omitted); see also Choudry, 365 N.C. at 226 , 717 S.E.2d at 356 (noting the same presumption of prejudice in the absence of a hearing, but upholding the defendant’s conviction becaus 2013Because of these risks to the defendant’s constitutional rights, we held that “the trial court must take control of the situation[and conduct a hearing]” Id. at 791 , 433 S.E.2d at 758-59 (citation and internal quotation marks omitted). “[Thus] the failure of the trial judge to conduct an inquiry, in and of itself, constitutes reversible error.” Id. at 791 , 433 S.E.2d at 759 (citation and internal quotation marks omitted); see also Choudry, 365 N.C. at 226 , 717 S.E.2d at 356 (noting the same presumption of prejudice in the absence of a hearing, but upholding the defendant’s conviction becaus | 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 |
|---|---|---|
Harris & Hilton, P.A. v. Rassette
green
2 sentences2022Id. at cmt. 2. 3 Defendants further contend the trial court abused its discretion in disqualifying Fine under Rule 1.9 of the Rules of Professional Conduct prohibiting a lawyer from representing a client materially adverse to a former client in the same or substantially related matter because “the instant malpractice matter and the previous matter are ‘substantially related.’ ” However, Defendants did not make this argument before the trial court and, instead, relied on Fine’s assertion Marshall Grant had signed a conflict waiver. 2022Id. at cmt. 2. 3 Defendants further contend the trial court abused its discretion in disqualifying Fine under Rule 1.9 of the Rules of Professional Conduct prohibiting a lawyer from representing a client materially adverse to a former client in the same or substantially related matter because “the instant malpractice matter and the previous matter are ‘substantially related.’ ” However, Defendants did not make this argument before the trial court and, instead, relied on Fine’s assertion Marshall Grant had signed a conflict waiver. | 2 | 2022–2022 |
Empire Power Co. v. N. C. Department of Environment
green
2 sentences2020This misstep, in turn, leads to the dissent’s logical— though erroneous due to the faulty original premise—sequential misstep that “the federal law and state law fundamentally conflict.” Consequently, instead of utilizing the aforementioned established tenets of statutory construction “that statutes in pari materia, and all parts thereof, should be construed together and compared with each other [because] [s]uch statutes should be reconciled with each other when possible,” Empire Power, 337 N.C. at 591 , 447 S.E.2d at 781 , the dissent chooses to construe the cited principles in Oneok to suppo 2020This misstep, in turn, leads to the dissent’s logical— though erroneous due to the faulty original premise—sequential misstep that “the federal law and state law fundamentally conflict.” Consequently, instead of utilizing the aforementioned established tenets of statutory construction “that statutes in pari materia, and all parts thereof, should be construed together and compared with each other [because] [s]uch statutes should be reconciled with each other when possible,” Empire Power, 337 N.C. at 591 , 447 S.E.2d at 781 , the dissent chooses to construe the cited principles in Oneok to suppo | 1 | 2020–2020 |
cluster 483833
green
1 sentence2001Id. | 1 | 2001–2001 |
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.