203 N.C. App. 712 - State v. Hall’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Fifth Amendment of the United States Constitution, made applicable to the States by the Fourteenth Amendment, protects against double jeopardy, which includes multiple punishments for the same offense. The test of double jeopardy, or former jeopardy, is not whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offense. Hence, the plea of former jeopardy, to be good, must be grounded on the "same offense" both in law and in fact, and it is not sufficient that the two offenses grew out of the same transaction. If evidence in support of the facts alleged in the second indictment would be sufficient to sustain a conviction under the first indictment, jeopardy attaches, otherwise not. However, if proof of an additional fact is required in the one prosecution, which is not required in the other, even though some of the same acts must be proved in the trial of each, the offenses are not the same, and the plea of former jeopardy cannot be sustained[.]”

   1 later decision quote this exact passage
   e.g. 257 N.C. App. 345 - State v. Hendricksen

2. “Defendant's argument misses the mark. The quantity of ecstasy and ketamine contained in each pill found in Defendant's possession was irrelevant to Defendant's convictions. Any amount of ecstasy and any amount of ketamine found in Defendant's possession would have been sufficient to charge Defendant with possession of both controlled substances.... A person will be deemed "to possess" ecstasy if that person is in possession of "[a]ny ... mixture ... which contains any quantity of [ecstasy]." Likewise, a person is considered "to possess" ketamine if that person is in possession of "[a]ny ... mixture ... which contains any quantity of ... Ketamine." Neither the presence nor the amount of ecstasy contained in each pill had any bearing on Defendant's conviction for possession of ketamine, and vice versa . Accordingly, the double jeopardy protections of the Fifth Amendment were not implicated in this instance.”

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

3. “neither the presence nor the amount of [Methylone] contained in [the bag] had any bearing on Defendant's conviction for possession of [4-Methylethcathinone], and vice versa .”

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