112 N.C. App. 512 - State v. Smith’s Empirical Analysis
1993
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently February 2019
12 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 Brewster v. Derwinski · State v. Allen · State v. Roper · State v. Todd · State v. Thomas
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he Supreme Court described the habitual felon process in State v. Allen, 292 N.C. 431 , 233 S.E.2d 585 (1977), by stating once an individual “who has already attained the status of an habitual felon is indicted for the commission of another felony, that per son may then be also indicted in a separate bill as being an habitual felon.” This implies that being an habitual felon is a status, that once attained is never lost. If the legislature had wanted to require the State to show proof of three new underlying felonies before a new habitual felon indictment could issue, then the legislature could have easily stated such. We will not rewrite the statute.”
2 later decisions quote this exact passage“'Properly construed this act clearly contemplates that when one who has already attained the status of an habitual felon is indicted for the commission of another felony, that person may then be also indicted in a separate bill as being an habitual felon.'”
2 later decisions quote this exact passage“An indictment which charges a person who is an habitual felon within the meaning of G.S. 14-7.1 with the commission of any felony under the laws of the State of North Carolina must, in order to sustain a conviction of habitual felon, also charge that said person is an habitual felon. The indictment charging the defendant as an habitual felon shall be separate from the indictment charging him with the principal felony ....”
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.