jury constitutes reversible error (North Carolina) · Go Syfert
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jury constitutes reversible error in North Carolina

6 North Carolina opinions name it 2 courts 1986–2022 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.

Followed or applied (3)

CaseFollowedCited
State v. Whitakergreen
nc · 1986 · cited in 3 North Carolina opinions naming this issue, 2005–2011
2 sentences

2011“Failure to so instruct the jury constitutes reversible error not cured by a verdict of guilty of the offense charged.” State v. Whitaker, 316 N.C. 515, 520 , 342 S.E.2d 514, 518 (1986) (citation omitted).

2011“Failure to so instruct the jury constitutes reversible error not cured by a verdict of guilty of the offense charged.” State v. Whitaker, 316 N.C. 515, 520 , 342 S.E.2d 514, 518 (1986) (citation omitted).

33
State v. Kylegreen
nc · 1993 · cited in 1 North Carolina opinions naming this issue, 2011–2011
2 sentences

2011“False imprisonment is a lesser [[included offense of kidnapping.” State v. Kyle, 333 N.C. 687, 703 , 430 S.E.2d 412, 421 (1993).

2011“False imprisonment is a lesser [[included offense of kidnapping.” State v. Kyle, 333 N.C. 687, 703 , 430 S.E.2d 412, 421 (1993).

11
Keeble v. United Statesgreen
scotus · 1973 · cited in 1 North Carolina opinions naming this issue, 2007–2007
2 sentences

2007A “defendant is entitled to an instruction on a lesser included offense if the evidence would permit a jury rationally to find him guilty of the lesser offense and acquit him of the greater.” Keeble v. United States, 412 U.S. 205, 208 , 36 L.E.2d 844, 847 (1973).

2007A “defendant is entitled to an instruction on a lesser included offense if the evidence would permit a jury rationally to find him guilty of the lesser offense and acquit him of the greater.” Keeble v. United States, 412 U.S. 205, 208 , 36 L.E.2d 844, 847 (1973).

11

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 (2)

CaseCitedYears
State v. Boozer green
ncctapp · 2011
2 sentences

2022State v. Boozer, 210 N.C.

2022State v. Boozer, 210 N.C.

22022–2022
State v. Thacker green
nc · 1972
2 sentences

1986State v. Thacker, 281 N.C. 447 , 189 S.E. 2d 145 (1972).

1986State v. Thacker, 281 N.C. 447 , 189 S.E. 2d 145 (1972).

11986–1986

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 14-39 (3)

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

OH 27 (1989–2024) TX 10 (1945–1996) NY 10 (1954–2020) NC 6 (1986–2022) NM 4 (1982–2016) MS 4 (1998–2007) WV 4 (1980–2020) FL 4 (1955–1999) ID 4 (2010–2022) AZ 3 (1965–2015) IL 3 (2004–2023) WA 2 (2015–2017) ND 2 (1943–2017) MT 2 (1927–2026) IN 2 (1982–1989) LA 2 (1997–2004)

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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