174 N.C. App. 289 - State v. McHone’s Empirical Analysis
2005
Citation profile
17
cited by 17 later decisions
1
states following
July 2015
most recently cited
17 state decisions
Relationships
Relies on State v. Earnhardt · State v. Fields · State v. Gregory · State v. Chapman · State v. Handy
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[r]ather than help correct the failure to provide a similar not guilty mandate with respect to the first degree murder charge,”
3 later decisions quote this exact passage“Secondly, we consider the content and form of the first degree murder verdict sheet in determining whether the failure to provide a’ not guilty mandate constitutes plain error. Here, the trial court initially informed the jury that it was their “duty to return one of the following verdicts: guilty of first-degree murder or not guilty.” However, the verdict sheet itself did not provide a space or option of “not guilty.” And while the content and form of the verdict sheet did not compel the jury to return a verdict of guilty insofar as it stated “if’ it found defendant guilty of first degree murder, we repeat our observation that it failed to afford exactly that which the court initially informed the jury it would be authorized to return—a not guilty verdict.”
2 later decisions quote this exact passage“If you find from the evidence beyond a reasonable doubt that on or about the alleged date the defendant, acting with malice, killed the victim with a deadly weapon, thereby proximately causing the victim’s death, that the defendant intended to kill the victim and that the defendant acted after premeditation and with deliberation, it would be your duty to return a verdict of “guilty of first-degree murder[”] on the basis of malice, premeditation and deliberation. If vou do not so find or have a reasonable doubt as to one or more of these things vou would not return a verdict of “guilty of first-degree murder” on the basis of malice-premeditation and deliberation, (emphasis added).”
2 later decisions 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.