149 N.C. App. 310 - State v. Phillips’s Empirical Analysis
2002
Citation profile
28
cited by 28 later decisions
1
states following
April 2019
most recently cited
28 state decisions
Relationships
Relies on Commonwealth of Massachusetts v. State of Missouri - 9 1939 · State of Oklahoma Johnson v. Cook · State v. Felmet · State v. Call · State v. Fulp
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t is [appellant's] burden to produce a record establishing the jurisdiction of the court from which appeal is taken, and his failure to do so subjects [the] appeal to dismissal.”
4 later decisions quote this exact passage“issue a citation to any person who he has probable cause * to believe has committed a misdemeanor or infraction.”
2 later decisions quote this exact passage“Our Supreme Court recently summarized a trial court’s responsibilities pertaining to a defendant’s waiver of the right to proceed without counsel. See State v. Fulp, 355 N.C. 171 , 558 S.E.2d 156 (2002). The Court in Fulp noted that a defendant has the right to “ ‘. . . “handle his own case without interference by, or the assistance of, counsel forced upon him against his wishes.” ’ ” Id. at 174 , 558 S.E.2d at 158 (citations omitted). However, before the trial court may permit a defendant to proceed without counsel, the court must ensure that various requirements are met. Id. at 174-75 , 558 S.E.2d at 159 . First, a defendant must express his desire to proceed without counsel “... ‘ “clearly and unequivocally.” ’ ” Id. at 175 . (citations omitted). Second, the trial court must determine whether a defendant “ ‘knowingly, intelligently, and voluntarily’ waives his right to counsel.” Id. (citation omitted). In determining if this requirement is met, it is sufficient if the trial court is satisfied as to factors set forth in N.C. Gen. Stat. § 15A-1242 (1999). Id.”
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.