187 N.C. App. 628 - State v. McCallum’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An abuse of discretion occurs only upon a showing that the judge's ruling was so arbitrary that it could not have been the result of a reasoned decision.”

   2 later decisions quote this exact passage
   e.g. 242 N.C. App. 253 - State v. Martin · 242 N.C. App. 521 - Louis v. Shrum

2. “[a] criminal bill of indictment is sufficient if it expresses the charge against the defendant in a plain, intelligible, and explicit manner. Specifically, the indictment must allege all of the essential elements of the crime sought to be charged. North Carolina General Statutes, section 15A-923(e) provides that a bill of indictment may not be amended. This provision has been interpreted to mean that a bill of indictment may not be amended in a manner that substantially alters the charged offense. A non-essential variance is not fatal to the charged offense, and any averment unnecessary to charge the offense may be disregarded as inconsequential surplusage. Therefore, allegations added to, deleted from, or modified in an indictment beyond the essential elements of the crime sought to be charged are irrelevant and may be treated as surplusage.”

   1 later decision quote this exact passage
   e.g. State v. Watson

3. “Our Supreme Court has interpreted the term amendment under N.C.G.S. § 15A-923(e) to mean any change in the indictment which would substantially alter the charge set forth in the indictment. In determining whether an amendment amounts to a substantial alteration, courts must consider the multiple purposes served by indictments. These purposes are as follows: (1) to provide certainty so as to identify the offense, (2) to protect the accused from twice being put in jeopardy for the same offense, (3) to enable the accused to prepare for trial, and (4) to enable the court, on conviction or plea of guilty or nolo contendere , to pronounce sentence according to the rights of the case.”

   1 later decision quote this exact passage
   e.g. State v. Watson