154 N.C. App. 282 - State v. Rainey’s Empirical Analysis

Citation profile

2 federal appellate · 23 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the indictment [in Bullock ] did sufficiently allege the lesser-included offense of attempted voluntary manslaughter, notwithstanding the lack of the phrase 'malice aforethought.' " Id . More recently in Wilson , this Court relied on Bullock to remand the defendant's case for resentencing on attempted voluntary manslaughter, where the indictment failed to allege attempted first-degree murder, but stated "the defendant named above unlawfully, willfully and feloniously did attempt to murder Timothy Lynch.”

   1 later decision quote this exact passage
   e.g. 251 N.C. App. 334 - State v. Schalow

2. “[t]he specific intent to kill does exist in the mind of [a defendant charged with attempted voluntary manslaughter]; however, the defendant is only legally culpable for the general intent because the “specific intent” is not based on “cool reflection.” The specific intent is based on an “adequate provocation” that would cause an individual with an ordinary firmness of mind ... to commit an act spawned by provocation rather than malice.”

   1 later decision quote this exact passage
   e.g. 170 N.C. App. 312 - State v. Hames

3. “essentially a first-degree murder, where the defendant's reason is temporarily suspended by legally adequate provocation.”

   1 later decision quote this exact passage
   e.g. United States v. Smith