157 N.C. App. 249 - State v. Barlowe’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the diligence of the defendant in preparing for trial and requesting the continuance, (2) the detail and effort with which the defendant communicates to the court the expected evidence or testimony, (3) the materiality of the expected evidence to the defendant's case, and (4) the gravity of the harm defendant might suffer as a result of a denial of the continuance.”

   3 later decisions quote this exact passage
   e.g. 174 N.C. App. 840 - State v. Roberson · State v. Gentry

2. “upon an abuse of judicial discretion, or a denial of his constitutional rights, to entitle him to a new trial because his motion to continue was not allowed, he must show both error and prejudice.”

   2 later decisions quote this exact passage
   e.g. 174 N.C. App. 840 - State v. Roberson · 242 N.C. App. 253 - State v. Martin

3. “a motion for continuance is ordinarily addressed to the sound discretion of the trial court. . . . However, if the motion to continue is based on a constitutional right, the trial court's ruling thereon presents a question of law that is fully reviewable on appeal.”

   1 later decision quote this exact passage
   e.g. 174 N.C. App. 840 - State v. Roberson