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← 159 N.C. App. 435 - State v. Simpson

159 N.C. App. 435 - State v. Simpson’s Empirical Analysis

2003

Citation profile

6
cited by 6 later decisions
1
states following
March 2017
most recently cited

6 state decisions

Relationships

Relies on State v. Williams · State v. Cronin · State v. Bracey · State v. Price · 126 N.C. App. 312 - State v. Dick

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

  1. “[the d]efendant contends the State failed to present any evidence that the victim, [the pawn shop owner], was actually deceived by [the] defendant's false representations. As a basis for that contention, [the] defendant asserts that [the pawn shop owner's] suspicion that the cameras were stolen, coupled with the fact that the cameras were actually stolen, proves that the victim, [the pawn shop owner], was not, in fact, deceived. [The d]efendant's argument, however, relies on a retrospective interpretation of the facts. At the time of the transaction, [the pawn shop owner] did not know that the cameras were stolen. In fact, [the pawn shop owner] testified that he "called [the detective] and told him that he had some cameras there that he needed to look at." Although [the pawn shop owner] had a suspicion that the cameras were stolen, [the pawn shop owner]'s testimony, when viewed in the light most favorable to the State, reasonably permits a jury to make an inference that [the pawn shop owner] called [the detective] in order to confirm that the items were not stolen property. As this inference is reasonable, and adequate to support the conclusion that [the pawn shop owner] was, in fact, deceived, this assignment of error is overruled.”
    1 later decision quote this exact passage
  2. “"I think one of the elements is that [the] defendant, in fact, does deceive the party listed as the victim. The victim in this case is ... the [pawn shop]. However, by the testimony of [the pawn shop owner], the pawn shop owner was not deceived whatsoever. [The pawn shop owner] took the cameras [,] suspected they were stolen[,] called the Sheriff's Department[,] and didn't place the cameras out for sale. [The pawn shop owner] knew there was a problem or certainly suspected there was a problem. The element of actual deception ... is not present."”
    1 later decision quote this exact passage
  3. “If any person shall knowingly and designedly by means of any kind of false pretense whatsoever ... obtain or attempt to obtain from any person within this State any money ... with intent to cheat or defraud any person of such money, ... such person shall be guilty of a felony[.] ...”
    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.