181 N.C. App. 417 - State v. McQueen’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[f]ailure to submit a sentencing factor to the jury . . . is not structural error.”

   2 later decisions quote this exact passage
   e.g. 182 N.C. App. 133 - State v. Roberson · 186 N.C. App. 305 - State v. Corey

2. “Applying the Court's reasoning in Blackwell to the facts in the present case, we conclude that despite the exclusion of a procedural mechanism in the North Carolina General Statutes for the submission of aggravating factors in a charge of driving while impaired, a common law procedural mechanism existed through the use of a special verdict.”

   1 later decision quote this exact passage
   e.g. 182 N.C. App. 133 - State v. Roberson

3. “Id. at 2553___, 165 L.Ed.2d at 477 . In response to the Recuenco decision, our Supreme Court held in State v. Blackwell, 361 N.C. 41 , 638 S.E.2d 452 (2006), that according to Recuenco , the failure to submit a sentencing factor to the jury is subject to harmless error review. Id. at ___, 638 S.E.2d at 453 .”

   1 later decision quote this exact passage
   e.g. 182 N.C. App. 133 - State v. Roberson