167 N.C. App. 110 - State v. Walker’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. “The record shows that ... Walker was questioned by First Sergeant Nylon, of the Naval Criminal Investigative Services, and Investigator Melton, and at each questioning he received Miranda warnings. Dean did not see Walker until the next day. Dean testified that when Walker came in the next morning "we started talking in my office, and basically he explained to me what the agent wanted." Dean then asked Walker if "he had anything to do with this mess" and whether he was carrying a weapon of any kind. Walker told Dean he was at [the nightclub] that night, but he had only gone to watch [another Marine's] back because [he] was having some kind of dispute with the owner's boyfriend. Walker also told Dean that he carried a baseball bat of some type and he remained outside watching the bouncers. There was no testimony that Walker felt he could not leave or that he had to answer Dean's questions. Instead, it appears that Dean was simply inquiring into why Walker was being questioned. Since Dean's questioning of Walker did not constitute a custodial interrogation, Dean was not required to administer Miranda warnings prior to their conversation.”

   1 later decision quote this exact passage
   e.g. 264 N.C. App. 467 - State v. Gamez

2. “In ruling on a motion to dismiss in the context of aiding and abetting, the court may also (1) infer a defendant's communication of his intent to aid from his actions and from his relationship to the actual perpetrators; (2) consider his motives to assist in the crime; and (3) consider the defendant's conduct before and after the crime.”

   1 later decision quote this exact passage
   e.g. 189 N.C. App. 531 - State v. Cosey

3. “acknowledge[d] that interrogation by a superior officer in the military raises a significant risk of inherent compulsion, which is of the type Miranda was designed to prevent.”

   1 later decision quote this exact passage
   e.g. 264 N.C. App. 467 - State v. Gamez