207 N.C. App. 136 - State v. Williams’s Empirical Analysis

Citation profile

2 federal appellate · 1 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the element of “substantially incapable of... resisting the... sexual act” is not negated by the victim’s ability to verbally protest or even to engage in some physical resistance of the abuse. The words “substantially incapable” show the Legislature’s intent to include within the definition of “mentally [disabled]” those persons who by reason of their mental retardation or disorder would give little or no physical resistance to a sexual act.”

   1 later decision quote this exact passage
   e.g. 211 N.C. App. 452 - State v. Hunt

2. “Second, that the victim was mentally disabled. A person is mentally disabled if she suffers from a mental retardation or mental disorder and this mental retardation or mental disorder temporarily or permanently renders her substantially incapable of appraising the nature of her conduct, or resisting a sexual act or communicating unwillingness to submit to a sexual act.”

   1 later decision quote this exact passage
   e.g. 211 N.C. App. 452 - State v. Hunt

3. “had a full scale I.Q. of fifty-eight, placing him in the range of mild mental retardation];] ... had difficulty expressing himself verbally; was able to read very simple words like go, cat, and in; was able to solve very simple addition and subtraction problems; and had difficulty answering questions about social abilities, every-day-life tasks.”

   1 later decision quote this exact passage
   e.g. 211 N.C. App. 452 - State v. Hunt