150 N.C. App. 670 - State v. Oxendine’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is self-evident that certain felonies (e.g., forcible rape and armed robbery) cannot be committed without some restraint of the victim, [our Supreme Court has held] that G.S. 14-39 was not intended by the Legislature to make a restraint, which is an inherent, inevitable feature of such other felony, also kidnapping so as to permit the conviction and punishment of the defendant for both crimes. ... We construe the word “restrain,” as used in G.S. 14-39, to connote a restraint separate and apart from that which is inherent in the commission of the other felony.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Martin

2. “[T]he element of intent as to the offense of attempted rape is established if the evidence shows that defendant, at any time during the incident, had an intent to gratify his passion upon the victim. Intent to rape may be “proved circumstantially by inference, based upon a defendant’s actions, words, dress, or demeanor.””

   1 later decision quote this exact passage · from the majority
   e.g. 187 N.C. App. 424 - State v. Simpson

3. “Defendant's act of forcing [the victim] to the bedroom at knifepoint in order to prevent her children from either witnessing or hindering the intended rape constituted a separate act and properly supports the charge of first or second-degree kidnapping.”

   1 later decision quote this exact passage · from the majority
   e.g. 196 N.C. App. 523 - State v. Thomas