145 N.C. App. 440 - State v. Hilbert’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Prior to imposing a sentence other than the presumptive term for a particular offense, the trial court is required to consider the statutory list of aggravating and mitigating sentencing factors listed in N.C.G.S. § 15A-1340.16 [], to make written findings of fact concerning the factors, and to determine whether one set outweighs the other or whether they are counterbalanced.”

   1 later decision quote this exact passage
   e.g. 196 N.C. App. 330 - State v. Johnson

2. “[The d]efendant lastly contends that the trial court abused its discretion by finding certain mitigating factors in one judgment but failing to do so in the other judgments. However, a party must present to the trial court a timely request, objection or motion in order to preserve a question for appellate review. N.C. R. App. P. 10 [ (a) ](1).”

   1 later decision quote this exact passage
   e.g. 256 N.C. App. 124 - State v. Meadows