186 N.C. App. 57 - State v. Smith’s Empirical Analysis

Citation profile

413 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 413 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This Court reviews the trial court's denial of a motion to dismiss de novo .”

   103 later decisions quote this exact passage
   e.g. 242 N.C. App. 523 - Thompson v. Bank of Am., N.A. · 248 N.C. App. 293 - State v. Sellers

2. “challenge to the Cyber-bullying Statute, Defendant lacks standing to challenge the statute on the grounds that it is unconstitutionally vague on its face. This argument is also dismissed. C. Defendant's Motion to Dismiss for Insufficient Evidence Defendant argues the trial court erred by denying his motion to dismiss the charge at the close of all the evidence. He asserts insufficient evidence was presented to show he posted”

   2 later decisions quote this exact passage
   e.g. 243 N.C. App. 435 - State v. Hooks · 241 N.C. App. 545 - State v. Bishop

3. ““ ‘Where the alleged deadly weapon and the manner of its use are of such character as to admit of but one conclusion, the question as to whether or not it is deadly within the foregoing definition is one of law, and the Court must take the responsibility of so declaring. . . . But where it may or may not be likely to produce fatal results, according to the manner of its use, or the part of the body at which the blow is aimed, its alleged deadly character is one of fact to be determined by the jury.’ (Citation omitted.)” If there is a conflict in the evidence regarding either the nature of the weapon or the manner of its use, with some of the evidence tending to show that the weapon used or as used would not likely produce death or great bodily harm and other evidence tending to show the contrary, the jury must, of course, resolve the conflict.”

   1 later decision quote this exact passage
   e.g. 186 N.C. App. 447 - State v. Tillery