171 N.C. App. 662 - State v. Duff’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[c]ommon sense and the clear intent of N.C. Gen. Stat. § 14-87 lead us to conclude that an individual cannot possess, use, or threaten to use a dangerous weapon during a robbery where that individual is not possessing, using, or threatening to use some external weapon or instrument during the robbery. The critical difference between armed and common law robbery is that the former is accomplished by the use or threatened use of a dangerous weapon whereby the life of a person is endangered or threatened. Were an individual’s bare hands, fists, and feet considered dangerous weapons for the purposes of N.C. Gen. Stat. § 14-87 , that critical difference would be erased, and the crime of common law robbery would in effect merge with the crime of robbery with a dangerous weapon. We are not convinced that this result was contemplated by our legislature in enacting N.C. Gen. Stat. § 14-87 . Therefore, in light of the foregoing, we conclude that an individual’s bare hands, fists, and feet are not considered dangerous weapons for the purposes of N.C. Gen. Stat. § 14-87 .”

   2 later decisions quote this exact passage
   e.g. 176 N.C. App. 191 - State v. Hinton · 187 N.C. App. 676 - State v. Adams

2. “In order to withstand a motion to dismiss a charge of robbery with a dangerous weapon, the State must present substantial evidence that the defendant: (1) unlawfully took or attempted to take personal property from a person or in the presence of another; (2) by the use or threatened use of a dangerous weapon, implement, or means; and (3) thereby endangered or threatened the life of a person.”

   1 later decision quote this exact passage
   e.g. 176 N.C. App. 191 - State v. Hinton

3. “A victim of common law robbery is necessarily put in fear by the violence or threat of the defendant. However, when there is an actual danger or threat to the victim’s life — by the possession, use, or threatened use of a dangerous weapon — the defendant may be charged and convicted of armed robbery rather than common law robbery.”

   1 later decision quote this exact passage
   e.g. 198 N.C. App. 183 - State v. Porter