173 N.C. App. 61 - State v. Tuck’s Empirical Analysis
2005
Citation profile
4
cited by 4 later decisions
1
states following
September 2011
most recently cited
4 state decisions
Relationships
Relies on Strickland v. Washington · Blakely v. Washington · Lord Electric Co. v. United States · State v. Gray · Pennsylvania Department of Corrections v. Yeskey
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he word “presence” . . . must be interpreted broadly and with due consideration to the main element of the crime — intimidation or force by the use or threatened use of firearms. “Presence” here means a possession or control by a person so immediate that force or intimidation is essential to the taking of the property. And if the force or intimidation by the use of firearms for the purpose of taking personal property has been used and caused the victim in possession or control to flee the premises and this is followed by the taking of the property in a continuous course of conduct, the taking is from the “presence” of the victim.”
1 later decision quote this exact passage
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.