form of structural error (North Carolina) · Go Syfert
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form of structural error in North Carolina

6 North Carolina opinions name it 2 courts 2012–2025 3 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.

Followed or applied (6)

CaseFollowedCited
State v. Lawrencegreen
nc · 2012 · cited in 5 North Carolina opinions naming this issue, 2013–2025
2 sentences

2025“North Carolina courts . . . apply a form of structural error known as error per se.” State v. Lawrence, 365 N.C. 506, 514 , 723 S.E.2d 326, 331 (2012). “[E]rror per se is automatically deemed prejudicial and thus reversible without a showing of prejudice.” Id. at 514 , 723 S.E.2d at 332 . -3- STATE V.

2025“North Carolina courts . . . apply a form of structural error known as error per se.” State v. Lawrence, 365 N.C. 506, 514 , 723 S.E.2d 326, 331 (2012). “[E]rror per se is automatically deemed prejudicial and thus reversible without a showing of prejudice.” Id. at 514 , 723 S.E.2d at 332 . -3- STATE V.

45
State v. Poindextergreen
nc · 2001 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021See State v. Poindexter, 353 N.C. 440, 444 , 545 S.E.2d 414, 416 (2001) (concluding that the defendant’s constitutional rights were violated per se when the trial court dismissed one juror for misconduct and allowed the defendant to be capitally sentenced by less than twelve jurors); State v. Bunning, 346 N.C. 253, 257 , 485 S.E.2d 290 , 292–93 (1997) (holding that the defendant’s constitutional rights were violated per se when only eleven jurors fully participated in reaching a verdict in a capital case); State v. Hudson, 280 N.C. 74, 80 , 185 S.E.2d 189, 193 (1971) (ordering a new trial ex m

2021See State v. Poindexter, 353 N.C. 440, 444 , 545 S.E.2d 414, 416 (2001) (concluding that the defendant’s constitutional rights were violated per se when the trial court dismissed one juror for misconduct and allowed the defendant to be capitally sentenced by less than twelve jurors); State v. Bunning, 346 N.C. 253, 257 , 485 S.E.2d 290 , 292–93 (1997) (holding that the defendant’s constitutional rights were violated per se when only eleven jurors fully participated in reaching a verdict in a capital case); State v. Hudson, 280 N.C. 74, 80 , 185 S.E.2d 189, 193 (1971) (ordering a new trial ex m

22
State v. Hudsongreen
nc · 1971 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021See State v. Poindexter, 353 N.C. 440, 444 , 545 S.E.2d 414, 416 (2001) (concluding that the defendant’s constitutional rights were violated per se when the trial court dismissed one juror for misconduct and allowed the defendant to be capitally sentenced by less than twelve jurors); State v. Bunning, 346 N.C. 253, 257 , 485 S.E.2d 290 , 292–93 (1997) (holding that the defendant’s constitutional rights were violated per se when only eleven jurors fully participated in reaching a verdict in a capital case); State v. Hudson, 280 N.C. 74, 80 , 185 S.E.2d 189, 193 (1971) (ordering a new trial ex m

2021See State v. Poindexter, 353 N.C. 440, 444 , 545 S.E.2d 414, 416 (2001) (concluding that the defendant’s constitutional rights were violated per se when the trial court dismissed one juror for misconduct and allowed the defendant to be capitally sentenced by less than twelve jurors); State v. Bunning, 346 N.C. 253, 257 , 485 S.E.2d 290 , 292–93 (1997) (holding that the defendant’s constitutional rights were violated per se when only eleven jurors fully participated in reaching a verdict in a capital case); State v. Hudson, 280 N.C. 74, 80 , 185 S.E.2d 189, 193 (1971) (ordering a new trial ex m

22
Parker v. North Carolinagreen
scotus · 2000 · cited in 2 North Carolina opinions naming this issue, 2012–2018
2 sentences

2018Instead, as is discussed more fully in the text of this opinion, "North Carolina courts also apply a form of structural error known as error per se," under which "error per se is automatically deemed prejudicial and thus reversible without a showing of prejudice." State v. Lawrence , 365 N.C. 506 , 514, 723 S.E.2d 326 , 331-32 (2012) (first citing N.C.G.S. § 15A-1443(a) (2009) ; then citing State v. Parker , 350 N.C. 411 , 421, 426, 516 S.E.2d 106 , 114, 117 (1999), cert. denied , 528 U.S. 1084 , 120 S.Ct. 808 , 145 L.Ed.2d 681 (2000) ; and then citing State v. Brown , 325 N.C. 427 , 428, 383

2012See N.C.G.S. § 15A-1443(a); see also, e.g., State v. Parker, 350 N.C. 411, 421, 426 , 516 S.E.2d 106, 114, 117 (1999), cert. denied, 528 U.S. 1084 , 120 S. Ct. 808 (2000).

12
Caldwell v. Phillipsgreen
scotus · 2000 · cited in 2 North Carolina opinions naming this issue, 2012–2018
2 sentences

2018Instead, as is discussed more fully in the text of this opinion, "North Carolina courts also apply a form of structural error known as error per se," under which "error per se is automatically deemed prejudicial and thus reversible without a showing of prejudice." State v. Lawrence , 365 N.C. 506 , 514, 723 S.E.2d 326 , 331-32 (2012) (first citing N.C.G.S. § 15A-1443(a) (2009) ; then citing State v. Parker , 350 N.C. 411 , 421, 426, 516 S.E.2d 106 , 114, 117 (1999), cert. denied , 528 U.S. 1084 , 120 S.Ct. 808 , 145 L.Ed.2d 681 (2000) ; and then citing State v. Brown , 325 N.C. 427 , 428, 383

2012See N.C.G.S. § 15A-1443(a); see also, e.g., State v. Parker, 350 N.C. 411, 421, 426 , 516 S.E.2d 106, 114, 117 (1999), cert. denied, 528 U.S. 1084 , 120 S. Ct. 808 (2000).

12
State v. Parkergreen
nc · 1999 · cited in 2 North Carolina opinions naming this issue, 2012–2018
2 sentences

2018Instead, as is discussed more fully in the text of this opinion, "North Carolina courts also apply a form of structural error known as error per se," under which "error per se is automatically deemed prejudicial and thus reversible without a showing of prejudice." State v. Lawrence , 365 N.C. 506 , 514, 723 S.E.2d 326 , 331-32 (2012) (first citing N.C.G.S. § 15A-1443(a) (2009) ; then citing State v. Parker , 350 N.C. 411 , 421, 426, 516 S.E.2d 106 , 114, 117 (1999), cert. denied , 528 U.S. 1084 , 120 S.Ct. 808 , 145 L.Ed.2d 681 (2000) ; and then citing State v. Brown , 325 N.C. 427 , 428, 383

2018Instead, as is discussed more fully in the text of this opinion, "North Carolina courts also apply a form of structural error known as error per se," under which "error per se is automatically deemed prejudicial and thus reversible without a showing of prejudice." State v. Lawrence , 365 N.C. 506 , 514, 723 S.E.2d 326 , 331-32 (2012) (first citing N.C.G.S. § 15A-1443(a) (2009) ; then citing State v. Parker , 350 N.C. 411 , 421, 426, 516 S.E.2d 106 , 114, 117 (1999), cert. denied , 528 U.S. 1084 , 120 S.Ct. 808 , 145 L.Ed.2d 681 (2000) ; and then citing State v. Brown , 325 N.C. 427 , 428, 383

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Bunning green
nc · 1997
2 sentences

2021See State v. Poindexter, 353 N.C. 440, 444 , 545 S.E.2d 414, 416 (2001) (concluding that the defendant’s constitutional rights were violated per se when the trial court dismissed one juror for misconduct and allowed the defendant to be capitally sentenced by less than twelve jurors); State v. Bunning, 346 N.C. 253, 257 , 485 S.E.2d 290 , 292–93 (1997) (holding that the defendant’s constitutional rights were violated per se when only eleven jurors fully participated in reaching a verdict in a capital case); State v. Hudson, 280 N.C. 74, 80 , 185 S.E.2d 189, 193 (1971) (ordering a new trial ex m

2021See State v. Poindexter, 353 N.C. 440, 444 , 545 S.E.2d 414, 416 (2001) (concluding that the defendant’s constitutional rights were violated per se when the trial court dismissed one juror for misconduct and allowed the defendant to be capitally sentenced by less than twelve jurors); State v. Bunning, 346 N.C. 253, 257 , 485 S.E.2d 290 , 292–93 (1997) (holding that the defendant’s constitutional rights were violated per se when only eleven jurors fully participated in reaching a verdict in a capital case); State v. Hudson, 280 N.C. 74, 80 , 185 S.E.2d 189, 193 (1971) (ordering a new trial ex m

22021–2021
Muldoon v. Dome Sheet Metal, Inc. green
scotus · 2000
1 sentence

2018Instead, as is discussed more fully in the text of this opinion, "North Carolina courts also apply a form of structural error known as error per se," under which "error per se is automatically deemed prejudicial and thus reversible without a showing of prejudice." State v. Lawrence , 365 N.C. 506 , 514, 723 S.E.2d 326 , 331-32 (2012) (first citing N.C.G.S. § 15A-1443(a) (2009) ; then citing State v. Parker , 350 N.C. 411 , 421, 426, 516 S.E.2d 106 , 114, 117 (1999), cert. denied , 528 U.S. 1084 , 120 S.Ct. 808 , 145 L.Ed.2d 681 (2000) ; and then citing State v. Brown , 325 N.C. 427 , 428, 383

12018–2018
State v. Brown green
nc · 1989
2 sentences

2018Instead, as is discussed more fully in the text of this opinion, "North Carolina courts also apply a form of structural error known as error per se," under which "error per se is automatically deemed prejudicial and thus reversible without a showing of prejudice." State v. Lawrence , 365 N.C. 506 , 514, 723 S.E.2d 326 , 331-32 (2012) (first citing N.C.G.S. § 15A-1443(a) (2009) ; then citing State v. Parker , 350 N.C. 411 , 421, 426, 516 S.E.2d 106 , 114, 117 (1999), cert. denied , 528 U.S. 1084 , 120 S.Ct. 808 , 145 L.Ed.2d 681 (2000) ; and then citing State v. Brown , 325 N.C. 427 , 428, 383

2018Instead, as is discussed more fully in the text of this opinion, "North Carolina courts also apply a form of structural error known as error per se," under which "error per se is automatically deemed prejudicial and thus reversible without a showing of prejudice." State v. Lawrence , 365 N.C. 506 , 514, 723 S.E.2d 326 , 331-32 (2012) (first citing N.C.G.S. § 15A-1443(a) (2009) ; then citing State v. Parker , 350 N.C. 411 , 421, 426, 516 S.E.2d 106 , 114, 117 (1999), cert. denied , 528 U.S. 1084 , 120 S.Ct. 808 , 145 L.Ed.2d 681 (2000) ; and then citing State v. Brown , 325 N.C. 427 , 428, 383

12018–2018

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1443 (4)

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.

Where else courts name it

NC 6 (2012–2025) CA 4 (2004–2024) MD 3 (2023–2023) IL 2 (2017–2018)

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.

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