123 N.C. App. 276 - State v. Weaver’s Empirical Analysis

Citation profile

2 federal appellate · 28 state decisions

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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] variance ... does not require reversal unless the defendant is prejudiced as a result.”

   3 later decisions quote this exact passage
   e.g. 255 N.C. App. 110 - State v. Glidewell · 255 N.C. App. 449 - State v. McCoy

2. “The essential elements of attempted larceny are: (1) An intent to take and carry away the property of another; (2) without the owner's consent; (3) with the intent to deprive the owner of his or her property permanently; (4) an overt act done for the purpose of completing the larceny, going beyond mere preparation; and (5) falling short of the completed offense.”

   1 later decision quote this exact passage
   e.g. State v. Ardrey

3. “... `deprives a defendant of an opportunity to adequately present his defense.' " Id. at 518 , 546 S.E.2d at 569 (citation omitted). Moreover, we require "that a defendant demonstrate that he or she was misled by a variance, or hampered in his/her defense before this Court will consider the variance error.”

   1 later decision quote this exact passage
   e.g. 149 N.C. App. 235 - State v. Osborne