instructions error in North Carolina

6 North Carolina opinions name it 2 courts 1951–2025 1 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 (2)

Case	Followed	Cited
In Re the Will of Jonesgreen nc · 2008 · cited in 1 North Carolina opinions naming this issue, 2025–2025 2 sentences 2025A. Standard of Review “Our standard of review of an appeal from summary judgment is de novo; such judgment is appropriate only when the record shows that ‘there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.’” In re Will of Jones, 362 N.C. 569, 573 , 669 S.E.2d 572, 576 (2008) (quoting -4- SAULSBY V. 2025A. Standard of Review “Our standard of review of an appeal from summary judgment is de novo; such judgment is appropriate only when the record shows that ‘there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.’” In re Will of Jones, 362 N.C. 569, 573 , 669 S.E.2d 572, 576 (2008) (quoting -4- SAULSBY V.	1	1
Smith v. Fiber Controls Corp.green · 1980 · cited in 1 North Carolina opinions naming this issue, 2025–2025 2 sentences 2025See Smith, 300 N.C. at 676-777 , 268 S.E.2d at 507-08 . 2025See Smith, 300 N.C. at 676-777 , 268 S.E.2d at 507-08 .	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

Case	Cited	Years
Champs Convenience Stores, Inc. v. United Chemical Co. green nc · 1991 2 sentences 2025Champs, 329 N.C. at 456 , 406 S.E.2d at 862 . 2025Champs, 329 N.C. at 456 , 406 S.E.2d at 862 .	1	2025–2025
State v. Hill green nc · 1992 2 sentences 2000Kevin and Tilmon both concede that this Court has previously upheld the instructions they challenge and ruled contrary to their positions on this issue in State v. Hill, 331 N.C. 387 , 417 S.E.2d 765 (1992), cert. denied, 507 U.S. 924 , 122 L. 2000Kevin and Tilmon both concede that this Court has previously upheld the instructions they challenge and ruled contrary to their positions on this issue in State v. Hill, 331 N.C. 387 , 417 S.E.2d 765 (1992), cert. denied, 507 U.S. 924 , 122 L.	1	2000–2000
Tran Van Khiem v. United States green scotus · 1993 1 sentence 2000Kevin and Tilmon both concede that this Court has previously upheld the instructions they challenge and ruled contrary to their positions on this issue in State v. Hill, 331 N.C. 387 , 417 S.E.2d 765 (1992), cert. denied, 507 U.S. 924 , 122 L.	1	2000–2000
Kesner v. United States green scotus · 1993 1 sentence 2000Kevin and Tilmon both concede that this Court has previously upheld the instructions they challenge and ruled contrary to their positions on this issue in State v. Hill, 331 N.C. 387 , 417 S.E.2d 765 (1992), cert. denied, 507 U.S. 924 , 122 L.	1	2000–2000
Beck v. Carolina Power & Light Co. neutral nc · 1982 2 sentences 1994Regarding the burden placed upon appellant when error is assigned to an error in the trial court's charge to the jury, this Court, in Beck v. Carolina Power & Light Co., 57 N.C.App. 373, 380 , 291 S.E.2d 897, 901-02 , aff'd, 307 N.C. 267 , 297 S.E.2d 397 (1982), has stated: When an error in the judge's charge is asserted by the appellant as a basis for reversal of the verdict below, the burden is on that party not merely to demonstrate that the court's instructions were in error, but also to demonstrate that when the judge's instructions are considered in their entirety, as opposed to in fragm 1994Regarding the burden placed upon appellant when error is assigned to an error in the trial court's charge to the jury, this Court, in Beck v. Carolina Power & Light Co., 57 N.C.App. 373, 380 , 291 S.E.2d 897, 901-02 , aff'd, 307 N.C. 267 , 297 S.E.2d 397 (1982), has stated: When an error in the judge's charge is asserted by the appellant as a basis for reversal of the verdict below, the burden is on that party not merely to demonstrate that the court's instructions were in error, but also to demonstrate that when the judge's instructions are considered in their entirety, as opposed to in fragm	1	1994–1994
Beck v. Carolina Power and Light Co. green ncctapp · 1982 2 sentences 1994Regarding the burden placed upon appellant when error is assigned to an error in the trial court's charge to the jury, this Court, in Beck v. Carolina Power & Light Co., 57 N.C.App. 373, 380 , 291 S.E.2d 897, 901-02 , aff'd, 307 N.C. 267 , 297 S.E.2d 397 (1982), has stated: When an error in the judge's charge is asserted by the appellant as a basis for reversal of the verdict below, the burden is on that party not merely to demonstrate that the court's instructions were in error, but also to demonstrate that when the judge's instructions are considered in their entirety, as opposed to in fragm 1994Regarding the burden placed upon appellant when error is assigned to an error in the trial court's charge to the jury, this Court, in Beck v. Carolina Power & Light Co., 57 N.C.App. 373, 380 , 291 S.E.2d 897, 901-02 , aff'd, 307 N.C. 267 , 297 S.E.2d 397 (1982), has stated: When an error in the judge's charge is asserted by the appellant as a basis for reversal of the verdict below, the burden is on that party not merely to demonstrate that the court's instructions were in error, but also to demonstrate that when the judge's instructions are considered in their entirety, as opposed to in fragm	1	1994–1994
State v. Watkins green · 1973 2 sentences 1988Watkins, 283 N.C. at 509 , 196 S.E. 2d at 754 . 1988Watkins, 283 N.C. at 509 , 196 S.E. 2d at 754 .	1	1988–1988
State v. Brown green nc · 1984 2 sentences 1986We therefore hold that under the factual circumstances of this case, there was ‘plain error’ in the jury instructions as that concept was defined in Odom and defendant must therefore receive a new trial on the first-degree kidnapping charge. 312 N.C. at 249 , 321 S.E. 2d at 861 . 1986We therefore hold that under the factual circumstances of this case, there was ‘plain error’ in the jury instructions as that concept was defined in Odom and defendant must therefore receive a new trial on the first-degree kidnapping charge. 312 N.C. at 249 , 321 S.E. 2d at 861 .	1	1986–1986
Withers v. . Lane green · 1907 2 sentences 1951This right can neither be denied or abridged,” as stated by the Court in Withers v. Lane, 144 N.C. 184 , 56 S.E. 855 , and quoted in S. v. Woolard, supra. No doubt the language appearing in the instructions under challenge was inadvertently used by the trial judge. 1951This right can neither be denied or abridged,” as stated by the Court in Withers v. Lane, 144 N.C. 184 , 56 S.E. 855 , and quoted in S. v. Woolard, supra. No doubt the language appearing in the instructions under challenge was inadvertently used by the trial judge.	1	1951–1951

Where else courts name it

CA 40 (1903–2026) IL 23 (1907–2024) MA 22 (1942–2021) WA 15 (1937–2026) GA 13 (1925–2026) MI 11 (1969–2023) MO 11 (1901–2023) TX 10 (1976–2024) NY 9 (1972–2016) IA 9 (1856–2014) KY 9 (1940–2024) KS 8 (1915–2024) TN 7 (1970–2018) CO 7 (1972–2012) MD 7 (1967–2020) IN 7 (1891–2019) NV 7 (1968–2017) OH 6 (1990–2026) FL 6 (1981–2013) NC 6 (1951–2025) CT 5 (1983–2012) MS 5 (1884–1982) OR 5 (1940–2024) OK 5 (1924–1997) NM 5 (1932–2023) AZ 4 (1994–2016) AL 4 (1992–2014) PA 4 (1971–2021) MT 4 (1930–2017) MN 4 (1916–2017) WI 3 (1991–2021) ND 3 (1955–1983) NE 3 (1940–1991) NJ 3 (2006–2022) VT 2 (2002–2016) VA 2 (1936–2023)

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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