172 N.C. App. 829 - State v. Wissink’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Since neither Blakely nor Allen had been decided at the time of defendant’s sentencing hearing, defendant was not aware of his right to have a jury determine the existence of the aggravating factor. Therefore, defendant’s stipulation to the factual basis for his plea was not a “knowing [and] intelligent act[] done with sufficient awareness of the relevant circumstances and likely consequences.””

   1 later decision quote this exact passage · from the majority
   e.g. 175 N.C. App. 360 - State v. Harris

2. “bound by the language in Blakely, Apprendi and Allen that states that only the fact of a prior conviction is exempt from being proven to a jury beyond a reasonable doubt”

   1 later decision quote this exact passage · from the majority
   e.g. 175 N.C. App. 250 - State v. Hanton

3. “the fact of a defendant's probationary status is analagous to and not far-removed from the fact of a prior conviction[,]”

   1 later decision quote this exact passage · from the majority
   e.g. 175 N.C. App. 250 - State v. Hanton