182 N.C. App. 417 - State v. Ezzell’s Empirical Analysis
2007
Citation profile
7
cited by 7 later decisions
2
states following
February 2012
most recently cited
7 state decisions
Relationships
Relies on Strickland v. Washington · State v. Odom · Anderson v. Charles · Morgan Walton Properties, Inc. v. International City Bank & Trust Co. · State v. Braswell
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.
“[A] comment implicating a defendant's right to remain silent, although erroneous, is not invariably prejudicial”
2 later decisions quote this exact passage“[I]t is well established that a criminal defendant has a right to remain silent under the Fifth Amendment to the United States Constitution, as incorporated by the Fourteenth Amendment, and under Article I, Section 23 of the North Carolina Constitution. A defendant’s decision to remain silent following his arrest may not be used to infer his guilt, and any comment by the prosecutor on the defendant’s exercise of his right to silence is unconstitutional. “A statement that may be interpreted as commenting on a defendant’s decision to remain silent is improper if the jury would naturally and necessarily understand the statement to be a comment on the exercise of his right to silence.””
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.