206 N.C. App. 545 - State v. Davis’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a defendant fails to request that a trial court find a factor in mitigation, the trial court has a duty to find the factor only when the evidence offered at the sentencing hearing supports the existence of a [statutory] mitigating factor ... [and] defendant [proves] by a preponderance of the evidence that the evidence so clearly establishes the fact in issue that no reasonable inferences to the contrary can be drawn, and that the credibility of the evidence is manifest as a matter of law.”

   2 later decisions quote this exact passage
   e.g. 249 N.C. App. 445 - State v. Wagner · 248 N.C. App. 763 - State v. Lee

2. “At the sentencing hearing, defendant failed to object to the order of restitution. However, it is well established that a restitution order may be reviewed on appeal despite no objection to its entry. State v. Shelton, 167 N.C. App. 225, 233 , 605 S.E.2d 228, 233 (2004); see also N.C. Gen. Stat. § 15A-1446(d)(18) (2009).”

   1 later decision quote this exact passage
   e.g. 210 N.C. App. 439 - State v. Smith

3. “(e) Mitigating Factors.-The following are mitigating factors: .... (16) The defendant has entered and is currently involved in or has successfully completed a drug treatment program or an alcohol treatment program subsequent to arrest and prior to trial.”

   1 later decision quote this exact passage
   e.g. 249 N.C. App. 445 - State v. Wagner