184 N.C. App. 553 - State v. Mueller’s Empirical Analysis

Citation profile

45 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] defendant's failure to object at trial to a possible violation of his right to a unanimous jury verdict does not waive his right to appeal on the issue, and it may be raised for the first time on appeal.”

   2 later decisions quote this exact passage
   e.g. 202 N.C. App. 148 - State v. BERRIO · 188 N.C. App. 735 - State v. Davis

2. “(1) The material depicts or describes in a patently offensive way sexual conduct specifically defined by subsection (c) of this section [as, inter alia , vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted]; and (2) The average person applying contemporary community standards relating to the depiction or description of sexual matters would find that the material taken as a whole appeals to the prurient interest in sex; and (3) The material lacks serious literary, artistic, political, or scientific value; and (4) The material as used is not protected or privileged under the Constitution of the United States or the Constitution of North Carolina.”

   1 later decision quote this exact passage
   e.g. 263 N.C. App. 567 - State v. Wilson

3. “[O]ur Supreme Court has held that a defendant may be unanimously convicted of indecent liberties even if: (1) the jurors considered a higher number of incidents of immoral or indecent behavior than the number of counts charged, and (2) the indictments lacked specific details to identify the specific incidents. This Court has applied the same rationale to charges of sex offense and overruled the defendant's jury unanimity argument where the jury was instructed on all issues, including unanimity; [and] separate verdict sheets were submitted to the jury for each charge.”

   1 later decision quote this exact passage
   e.g. 202 N.C. App. 148 - State v. BERRIO