105 N.C. App. 370 - State v. Brayboy’s Empirical Analysis
1992
Citation profile
33
cited by 33 later decisions
1
states following
February 2004
most recently cited
33 state decisions
Relationships
Relies on State v. Smith · State v. Powell · State v. Fulcher · State v. Cutler · State v. McKinney
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]here [was] no evidence that defendant forced himself upon her in a sexual manner or indicated that it was his intent to engage in forcible, nonconsensual intercourse with her. The evidence merely show[ed] that defendant grabbed [the victim], forced her to the ground, pinned her arms behind her back and then straddled her following [the co-defendant’s] shooting [of another victim], The only evidence which could [have given] any indication that defendant might have intended to commit some sexual act upon [the victim was the co-defendant’s] statement, ‘Go on and do what you want to do with her.’”
2 later decisions quote this exact passage“The term "restrain" connotes restriction by force, threat or fraud with or without confinement. State v. Moore, 77 N.C.App. 553 , 335 S.E.2d 535 (1985), citing State v. Fulcher, 294 N.C. 503 , 243 S.E.2d 338 (1978). Restraint does not have to last for an appreciable period of time and removal does not require movement for a substantial distance. Id. Restraint or removal of the victim for any of the purposes specified in the statute is sufficient to constitute kidnapping.”
2 later decisions quote this exact passage“A motion to dismiss is properly denied if substantial evidence of each essential element of the offense charged is presented at trial. The evidence must be considered in the light most favorable to the State and the State is entitled to every reasonable inference to be drawn from that evidence.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.