Legal Opinion

State v. Holloway

Court of Appeals of North Carolina

Decided August 19, 1986No. 8615SC157PublishedCited by 22 opinions

1Opinion of the Court

PHILLIPS, Judge.

Defendant was convicted of taking indecent liberties with his five-year-old stepdaughter in violation of G.S. 14-202.1 and requests a new trial because of inadmissible and prejudicial testimony that was received into evidence against him. The evidence was not objected to, however, and our consideration of the request is controlled by the “plain error” doctrine adopted by our Supreme Court in State v. Black, 308 N.C. 736, 303 S.E. 2d 804 (1983) and State v. Odom, 307 N.C. 655, 300 S.E. 2d 375 (1983). Under that doctrine a “plain error,” which justifies relief on appeal though…

2Cases cited4 opinions

  1. State v. OdomSupreme Court of North Carolina · 1983
  2. United States v. Milton L. McCaskillCourt of Appeals for the Fourth Circuit · 1982
  3. State v. BlackSupreme Court of North Carolina · 1983
  4. State v. HeathSupreme Court of North Carolina · 1986

3Cited by22 opinions

  1. Smith v. StateMississippi Supreme Court · 2006
  2. In Re GleisnerCourt of Appeals of North Carolina · 2000
  3. People v. OliverSupreme Court of Colorado · 1987
  4. Goodson v. StateMississippi Supreme Court · 1990
  5. State v. J.Q.New Jersey Superior Court Appellate Division · 1991

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