112 N.C. App. 137 - State v. Almond’s Empirical Analysis
1993
Citation profile
2 federal appellate · 18 state decisions
How this case has been cited
Cited by 20 later decisions — most recently June 2017
2 federal appellate · 18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Odom · Sullivan v. United States · Morgan Walton Properties, Inc. v. International City Bank & Trust Co. · United States v. McCaskill · State v. Oliver
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is a critical difference between the lines of cases represented by Diaz and Hartness. The former line establishes that a disjunctive instruction, which allows the jury to find a defendant guilty if he commits either of two underlying acts, either of which is in itself a separate offense, is fatally ambiguous because it is impossible to determine whether the jury unanimously found that the defendant committed one particular offense. The latter line establishes that if the trial court merely instructs the jury dis-junctively as to various alternative acts which will establish an element of the offense, the requirement of unanimity is satisfied.”
1 later decision quote this exact passage“[i]f any person shall knowingly and designedly by means of any kind of false pretense whatsoever, whether the false pretense is of a past or subsisting fact or of a future fulfillment or event, obtain or attempt to obtain from any person within this State anymoney, goods, property, services, chose in action, or other thing of value with intent to cheat or defraud any person of such money, goods, property, services, chose in action or other thing of value[.] . . .”
1 later decision quote this exact passage“In Lyons, Justice Whichard went on to stress the importance of examining the gravamen of the offense which the legislature intended to prevent. In Lyons, it was held that the 'gravamen of the offense of maliciously assaulting in a secret manner is the assaulting of a particular individual in that manner.’ Id. at 307, 412 S.E.2d at 314 . The gravamen of the offense in Hartness was not the conduct of the defendant, but his intent or purpose. Id.”
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.