120 N.C. App. 752 - State v. Evans’s Empirical Analysis
1995
Citation profile
13
cited by 13 later decisions
1
states following
August 2008
most recently cited
13 state decisions
Relationships
Relies on State v. Ahearn · State v. Blackwelder · State v. Brinson · Wood-Hopkins Contracting Co. v. North Carolina State Ports Authority · State v. Brown
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In State v. Brinson, defendant was indicted for assault with a deadly weapon with intent to kill inflicting serious injury. The State’s evidence showed that defendant got into a confrontation with Eason, his cellmate, whereupon defendant struck Eason in the jaw and then slammed his head against the bars. Eason then heard his neck “pop” but the defendant continued to slam Eason’s head on the floor. Eason was permanently paralyzed from the chest down as a result of a broken neck. The Court held that “[t]he evidence relating to the victim’s broken neck, aside from evidence relating to the resulting paralysis, was sufficient to establish the element of the crime that the defendant inflicted a ‘serious injury’ upon the victim.” Further, the Court found that the evidence relating to the broken neck was not used in making the finding that the “injuries sustained by the victim were extremely severe and permanent;” instead, that finding rested solely on the victim’s paralysis. (Citations omitted.)”
1 later decision quote this exact passage“The burden is upon the State to prove the special issue beyond a reasonable doubt. So if the State has proven to you beyond a reasonable doubt that the defendant knowingly created a risk of death to more than one person by means of a weapon or device, which would normally be hazardous to the lives of more than one person, you will answer the special issue “yes.” If you do not so find or have a reasonable doubt, you’ll answer that issue “no.””
1 later decision quote this exact passage“In order to impose this aggravating factor, the sentencing judge must consider: (1) whether the weapon in its normal use is hazardous to the lives of more than one person; and (2) whether a great risk of death was knowingly created.”
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.