138 N.C. App. 404 - State v. Blue’s Empirical Analysis
2000
Citation profile
8
cited by 8 later decisions
1
states following
October 2009
most recently cited
6 state decisions
Relationships
Relies on State v. Powell · State v. Wilkerson · Richardson v. McKnight · State v. McKinney · State v. Foust
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““the distinction between ‘recklessness’ indicative of murder and ‘recklessness’ associated with manslaughter ‘is one of degree rather than kind.’ ” [State v. Rich, 351 N.C. 386, 393 , 527 S.E.2d 299, 303 (2000)] (citation omitted). . . . Furthermore, the phrase “recklessness of consequences” continues to require a high degree of recklessness to prove malice .... Hence, in the case before us we describe malice . . . keeping in mind that the . . . phrase “recklessness of consequences” denotes the high degree of recklessness required for murder as opposed to the lesser degree required for manslaughter.”
2 later decisions quote this exact passage“The law makes no distinction between the weight to be given to either direct or circumstantial evidence. Nor is a greater degree of certainty required of circumstantial evidence than of direct evidence. The law simply requires the party having the burden of proof on a particular issue to satisfy the jury as to that issue by the greater weight of the evidence in the case.”
1 later decision quote this exact passage · from the majority“This kind of malice . . . “comprehend[s] not only particular animosity ‘but also wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty and deliberately bent on mischief, though there may be no intention to injure a particular person.’ ””
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.