141 N.C. App. 610 - State v. Allen’s Empirical Analysis
2000
Citation profile
17
cited by 17 later decisions
1
states following
June 2012
most recently cited
17 state decisions
Relationships
Relies on State v. Odom · State v. Coffey · State v. Cummings · State v. Agee · State v. Blackstock
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he general rules of self-defense allow a defendant to use the amount of force “necessary or apparently necessary to save himself from death or great bodily harm.” State v. Pearson, 288 N.C. 34, 39 , 215 S.E.2d 598, 602 (1975). When confronted with an assault that does not threaten the person assaulted with death or great bodily harm, a party claiming self-defense is required to retreat “if there is any way of escape open to him, although he is permitted to repel force by force and give blow for blow.” Id. at 39 , 215 S.E.2d at 602-03 . There is no duty to retreat when (1) the person assaulted is confronted with an assault that threatens death or great bodily harm or (2) the person assaulted is not confronted with an assault that threatens death or great bodily harm and the assault occurs in the dwelling, place of business, or premises of the person assaulted, provided the person assaulted is free from fault in bringing on the difficulty. Id. at 39-40 , 215 S.E.2d at 603 .”
2 later decisions quote this exact passage“[w]here the defendant's or the State's evidence when viewed in the light most favorable to the defendant discloses facts which are legally sufficient to constitute a defense to the charged crime, the trial court must instruct the jury on the defense.”
2 later decisions quote this exact passage“defendant’s attorney made no request for a curative instruction or other remedial action. Our rule has long been that where a charge fully instructs the jury on substantive features of the case, defines and applies the law thereto, the trial court is not required to instruct on a subordinate feature of the case absent a special request. As the court noted in Blackstock, such an instruction may well have highlighted the witness’s emotional state; indeed it is possible that the defense attorney declined to request a curative instruction because of the likelihood it would emphasize the witness’s outburst.”
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.