164 N.C. App. 83 - State v. Bell’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “that the defendant willfully and unlawfully resisted, delayed, or obstructed a public officer, whom the defendant knew or had reasonable grounds to believe was a public officer, in discharging or attempting to discharge a duty of his office.”

   2 later decisions quote this exact passage
   e.g. 192 N.C. App. 276 - State v. SHOLAR · 187 N.C. App. 813 - State v. Buck

2. “[T]his issue is governed by Dowling v. United States , 493 U.S. 342 , 110 S.Ct. 668 , 107 L.Ed.2d 708 (1990). In Dowling , the United States Supreme Court noted: ... "The issue is the inadmissibility of [evidence relating to an alleged crime that the defendant had previously been acquitted of committing]." Id . at 347, 110 S.Ct. at 671 , 107 L.Ed.2d at 717 [.] ... [T]he Court held that evidence is inadmissible under the Double Jeopardy Clause only when it falls within the scope of the collateral estoppel doctrine. That doctrine provides that "when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit." Id . at 347, 110 S.Ct. at 672 , 107 L.Ed.2d at 717 [.] ... "The determinative factor is not the introduction of the same evidence [as offered in the first trial,] but rather whether it is absolutely necessary to defendant's conviction [in the second trial] that the second jury find against defendant on an issue upon which the first jury found in his favor."”

   1 later decision quote this exact passage
   e.g. 256 N.C. App. 266 - State v. Jones

3. “victim was discharging or attempting to discharge a duty of his office.”

   1 later decision quote this exact passage
   e.g. 187 N.C. App. 813 - State v. Buck