173 N.C. App. 101 - State v. McBride’s Empirical Analysis
2005
Citation profile
12
cited by 12 later decisions
1
states following
July 2018
most recently cited
12 state decisions
Relationships
Relies on Blakely v. Washington · State v. Harvey · State v. Allen · State v. Perry · State v. Jones
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“depends on the totality of the circumstances in each case. No single factor controls, but ordinarily the questions will be for the jury .”
2 later decisions quote this exact passage · from the majority“When an indictment charges an habitual felon with a felony as above provided and an indictment also charges that said person is an habitual felon as provided herein, the defendant shall be tried for the principal felony as provided by law. The indictment that the person is an habitual felon shall not be revealed to the jury unless the jury shall find that the defendant is guilty of the principal felony or other felony with which he is charged. If the jury finds the defendant guilty of a felony, the bill of indictment charging the defendant as an habitual felon may be presented to the same jury. Except that the same jury may be used, the proceedings shall be as if the issue of habitual felon were a principal charge. If the jury finds that the defendant is an habitual felon, the trial judge shall enter judgment according to the provisions of this Article.”
1 later decision quote this exact passage · from the majority“the face of the commitment form shows that defendant was being sentenced for his [principal charges], and that his status as an habitual felon merely increased his sentence on the substantive offenses to that of a Class C felony.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.