Legal Opinion

State v. Bunch

Supreme Court of North Carolina

Decided March 12, 2010No. 203A09PublishedCited by 27 opinions

1Opinion of the Court

*842BRADY, Justice.

In Neder v. United States, 527 U.S. 1 (1999), the Supreme Court of the United States applied harmless error analysis to the trial court’s instructional omission of elements of a crime. We apply the harmless error standard from Neder to defendant’s challenge under Article I, Section 24 of the North Carolina Constitution and conclude that the trial court’s instructional error in the present case was harmless beyond a reasonable doubt. We therefore affirm the decision of the Court of Appeals.

The State’s evidence at trial tended to show that on the afternoon of 1 March 2004,…

2Cases cited18 opinions

  1. Neder v. United StatesSupreme Court of the United States · 1999
  2. State v. BrownSupreme Court of North Carolina · 1982
  3. State v. CollinsSupreme Court of North Carolina · 1993
  4. State v. AsheSupreme Court of North Carolina · 1985
  5. Otey v. NebraskaSupreme Court of the United States · 1982

13 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. People v. MerrittCalifornia Supreme Court · 2017
  2. State v. MalachiSupreme Court of North Carolina · 2018
  3. State v. HollomanSupreme Court of North Carolina · 2017
  4. State v. StroudCourt of Appeals of North Carolina · 2017
  5. State v. BonillaCourt of Appeals of North Carolina · 2011

22 more not listed; retrieve them via the Exa API.

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