190 N.C. App. 183 - State v. Hobbs’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Hobbs , the court reporter's audiotapes and handwritten notes from the entire evidentiary stage of the defendant's criminal trial were lost in the mail. In an effort to reconstruct the proceedings, the defendant's appellate counsel sent letters to the defendant's trial counsel, the trial judge, and the prosecutor asking for their accounts of the missing testimony. The defendant's trial counsel stated that he had little memory of the charges or the trial, possessed no notes from the trial, and was unable to assist in reconstructing the proceedings. The trial judge stated that she had no notes from the case, and the prosecutor never responded to the inquiry. In light of these efforts, we determined that the appellant [in Hobbs ] had satisfied his burden of attempting to reconstruct the record.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 249 N.C. App. 64 - In re: Derrick Woodard

2. “Although due process does not “require[] a verbatim transcript of the entire proceedings,” Karabin v. Petsock, 758 F.2d 966, 969 (3d Cir. 1985), cert. denied, 474 U.S. 857 , 106 S. Ct. 163 (1985), the United States Supreme Court has held that an appellate “counsel’s duty cannot be discharged unless he has a transcript of the testimony and evidence presented by the defendant and also the court’s charge to the jury, as well as the testimony and evidence presented by the prosecution.” Hardy v. United States, 375 U.S. 277, 282 , 11 L. Ed. 2d 331, 335 (1964).”

   1 later decision quote this exact passage
   e.g. 218 N.C. App. 347 - State v. King

3. “Although the better practice would have been for defendant's appellate counsel to follow up with the prosecutor via telephone after failing to receive a response from her letters, the State has advanced no argument in its brief to this Court that the letters were not received. Accordingly, defendant satisfied his burden of demonstrating the absence of available alternatives to the missing transcripts.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 262 N.C. App. 139 - State v. Yates