201 N.C. App. 190 - State v. Whitaker’s Empirical Analysis

Citation profile

26 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the type of felony convictions, particularly whether they "involved violence or the threat of violence[,]" (2) the remoteness in time of the felony convictions; (3) the felon's history of "lawabiding conduct since [the] crime," (4) the felon's history of "responsible, lawful firearm possession" during a time period when possession of firearms was not prohibited, and (5) the felon's "assiduous and proactive compliance with the 2004 amendment."”

   4 later decisions quote this exact passage · from the concurrence
   e.g. 246 N.C. App. 640 - State v. Bonetsky · 256 N.C. App. 539 - State v. Fernandez

2. “the possession of “any handgun or other firearm with a barrel length of less than 18 inches or an overall length of less than 26 inches” by persons convicted of certain felonies, mostly of a violent or rebellious nature, “within five years from the date of such conviction, or unconditional discharge from a correctional institution, or termination of a suspended sentence, probation, or parole upon such conviction, whichever is later.” Act of June 26, 1975, ch. 870, sec. 1, 1975 N.C. Sess. Laws 1273 . Subsequently, in 1995 the General Assembly amended N.C.G.S. § 14-415.1 to prohibit the possession of such firearms by all persons convicted of any felony, without regard to the date of conviction or the completion of the defendant’s sentence. Act of July 26,1995, ch. 487, sec. 3, 1995 N.C. Sess. Laws 1414,1417 . The 1995 amendment did not change the previous provision in N.C.G.S. § 14-415.1 stating that “nothing [therein] would prohibit the right of any person to have possession of a firearm within his own house or on his lawful place of business.” However, in 2004 the General Assembly amended N.C.G.S. § 14-415.1 to extend the prohibition on possession to all firearms by any person convicted of any felony, even within the convicted felon’s own home and place of business. Act of-July 15, 2004, ch. 186, sec. 14.1, 2004 N.C. Sess. Laws 716 , 737.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 246 N.C. App. 640 - State v. Bonetsky · State v. Whitaker

3. “assiduous and proactive compliance with the 2004 amendment.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 246 N.C. App. 640 - State v. Bonetsky · 256 N.C. App. 539 - State v. Fernandez