184 N.C. App. 746 - State v. Bailey’s Empirical Analysis
2007
Citation profile
8
cited by 8 later decisions
1
states following
May 2017
most recently cited
8 state decisions
Relationships
Relies on 77 N.C. App. 36 - State v. Hollingsworth · State v. Harrington · 65 N.C. App. 122 - State v. Tioran
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Even assuming [the decedent] was negligent, "[i]n order for negligence of another to insulate defendant from criminal liability, that negligence must be such as to break the causal chain of defendant's negligence; otherwise, defendant's culpable negligence remains a proximate cause, sufficient to find him criminally liable." Hollingsworth , 77 N.C.App. at 39 , 334 S.E.2d at 465 . In the instant case, [the decedent's] negligence, if any, would be, at most, a concurring proximate cause of her own death. See id . at 39, 334 S.E.2d at 466 . This is especially true here, where the State's evidence tended to show that defendant's blood alcohol content was over twice the legal limit. This impairment inhibited defendant's ability to "exercise [ ] due care [and] to keep a reasonable and proper lookout in the direction of travel[.]" Id .”
1 later decision quote this exact passage“[i]n order for negligence of another to insulate defendant from criminal liability, that negligence must be such as to break the causal chain of defendant's negligence; otherwise, defendant's culpable negligence remains a proximate cause, sufficient to find him criminally liable.”
1 later decision quote this exact passage“'[t]here may be more than one proximate cause of an injury. The State must prove beyond a reasonable doubt only that the defendant's negligence was a proximate cause.'”
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.