202 N.C. App. 697 - State v. Breathette’s Empirical Analysis

Citation profile

2 federal appellate · 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Language in an opinion not necessary to the decision is obiter dictum and later decisions are not bound thereby. As our Supreme Court has explained, general expressions in every opinion are to be taken in connection with the case in which those expressions are used; if they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit where the very point is presented for decision.”

   1 later decision quote this exact passage
   e.g. 257 N.C. App. 354 - State v. Rankin

2. “Although the trial court is required to give a requested instruction if it is legally correct and supported by the evidence, a defendant is not entitled to have the requested instruction given verbatim, so long as it is given in substance.”

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