6 North Carolina opinions name it 2 courts 1980–2018 0 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. Barrettgreen2 sentences2009See, e.g., State v. Barrett, 20 N.C. 2008See, e.g., State v. Barrett, 20 N.C. | 2 | 2 |
State v. Reynoldsgreen2 sentences2018As a general proposition, evidentiary presumptions are either "permissive," "conclusive," or "mandatory," with a permissive presumption involving a situation in which, once "the basic fact underlying the presumption has been established," "the presumed fact may or may not be found," Dobson v. Harris , 352 N.C. 77 , 82 n.3, 530 S.E.2d 829 , 835 n.3 (2000) ; a mandatory presumption, which may or may not be rebuttable, involving a situation in which, "[once] the basic fact has been established, the presumed ... fact must be found unless sufficient evidence of its nonexistence is forthcoming," id. 2018As a general proposition, evidentiary presumptions are either "permissive," "conclusive," or "mandatory," with a permissive presumption involving a situation in which, once "the basic fact underlying the presumption has been established," "the presumed fact may or may not be found," Dobson v. Harris , 352 N.C. 77 , 82 n.3, 530 S.E.2d 829 , 835 n.3 (2000) ; a mandatory presumption, which may or may not be rebuttable, involving a situation in which, "[once] the basic fact has been established, the presumed ... fact must be found unless sufficient evidence of its nonexistence is forthcoming," id. | 1 | 1 |
State v. Huffstetlergreen2 sentences2009I find the evidence Defendant sought to admit clearly relevant under the permissive standard of Rule 402 and the definition of relevance articulated in Rule 401 that "any evidence calculated to throw any light upon the crime charged is admissible in criminal cases." State v. Huffstetler, 312 N.C. 92, 104 , 322 S.E.2d 110, 118 (1984) (citations omitted). 2009I find the evidence Defendant sought to admit clearly relevant under the permissive standard of Rule 402 and the definition of relevance articulated in Rule 401 that "any evidence calculated to throw any light upon the crime charged is admissible in criminal cases." State v. Huffstetler, 312 N.C. 92, 104 , 322 S.E.2d 110, 118 (1984) (citations omitted). | 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 |
|---|---|---|
County Court of Ulster Cty. v. Allen
green
2 sentences2000Ulster County Court v. Allen, 442 U.S. 140 , 60 L. 2000Ulster County Court v. Allen, 442 U.S. 140 , 60 L. | 2 | 1980–2000 |
Dobson v. Harris
green
2 sentences2018As a general proposition, evidentiary presumptions are either "permissive," "conclusive," or "mandatory," with a permissive presumption involving a situation in which, once "the basic fact underlying the presumption has been established," "the presumed fact may or may not be found," Dobson v. Harris , 352 N.C. 77 , 82 n.3, 530 S.E.2d 829 , 835 n.3 (2000) ; a mandatory presumption, which may or may not be rebuttable, involving a situation in which, "[once] the basic fact has been established, the presumed ... fact must be found unless sufficient evidence of its nonexistence is forthcoming," id. 2018As a general proposition, evidentiary presumptions are either "permissive," "conclusive," or "mandatory," with a permissive presumption involving a situation in which, once "the basic fact underlying the presumption has been established," "the presumed fact may or may not be found," Dobson v. Harris , 352 N.C. 77 , 82 n.3, 530 S.E.2d 829 , 835 n.3 (2000) ; a mandatory presumption, which may or may not be rebuttable, involving a situation in which, "[once] the basic fact has been established, the presumed ... fact must be found unless sufficient evidence of its nonexistence is forthcoming," id. | 1 | 2018–2018 |
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.