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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.
| Case | Followed | Cited |
|---|---|---|
State v. Lawrencegreen2 sentences2025“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. | 4 | 5 |
State v. Poindextergreen2 sentences2021See 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 | 2 | 2 |
State v. Hudsongreen2 sentences2021See 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 | 2 | 2 |
Parker v. North Carolinagreen2 sentences2018Instead, 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). | 1 | 2 |
Caldwell v. Phillipsgreen2 sentences2018Instead, 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). | 1 | 2 |
State v. Parkergreen2 sentences2018Instead, 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 | 1 | 2 |
| 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. Bunning
green
2 sentences2021See 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 | 2 | 2021–2021 |
Muldoon v. Dome Sheet Metal, Inc.
green
1 sentence2018Instead, 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 | 1 | 2018–2018 |
State v. Brown
green
2 sentences2018Instead, 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 | 1 | 2018–2018 |
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.