170 N.C. App. 601 - State v. Brown’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether the sentence is supported by the evidence (if the minimum term of imprisonment does not fall within the presumptive range); (2) whether the sentence results from an incorrect finding of the defendant's prior record level under N.C. Gen. Stat. § 15A-1340.14 or the defendant's prior conviction level under N.C. Gen. Stat. § 15A-1340.21; (3) whether the sentence constitutes a type of sentence not authorized by N.C. Gen. Stat. § 15A-1340.17 or § 15A-1340.23 for the defendant's class of offense and prior record or conviction level; (4) whether the trial court improperly denied the defendant's motion to suppress; and (5) whether the trial court improperly denied the defendant's motion to withdraw his guilty plea.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Singleton · State v. Patterson

2. “[u]nder N.C. Gen. Stat. § 15A-101(4a) (2003), judgment is defined as ‘when sentence is pronounced.’ See also Berman v. United States, 302 U.S. 211, 212 , 82 L. Ed. 204, 204 , 58 S. Ct. 164, 165 (1937) (‘Final judgment in a criminal case means sentence. The sentence is the judgment.’). The [order denying post-conviction DNA testing] does not involve the pronouncement of a sentence.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Singleton · 201 N.C. App. 620 - State v. Singleton

3. “(a) A defendant may make a motion before the trial court that entered the judgment of conviction against the defendant for performance of DNA testing ... if the biological evidence meets all of the following conditions: (1) Is material to the defendant's defense. (2) Is related to the investigation or prosecution that resulted in the judgment. (3) Meets either of the following conditions: a. It was not DNA tested previously. b. It was tested previously, but the requested DNA test would provide results that are significantly more accurate and probative of the identity of the perpetrator or accomplice or have a reasonable probability of contradicting prior test results. (b) The court shall grant the motion for DNA testing ... upon its determination that: (1) The conditions set forth in subdivisions (1), (2), and (3) of subsection (a) of this section have been met; (2) If the DNA testing being requested had been conducted on the evidence, there exists a reasonable probability that the verdict would have been more favorable to the defendant; and (3) The defendant has signed a sworn affidavit of innocence.”

   1 later decision quote this exact passage
   e.g. 259 N.C. App. 703 - State v. Shaw