207 N.C. App. 379 - State v. Ross’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Given the overwhelming and uncontradicted evidence of the three felony convictions, there is essentially no likelihood that a “different result . . . would have ensued[,]” see [State v. Moses, 350 N.C. 741, 762 , 517 S.E.2d 853, 867 (1999), cert. denied, 528 U.S. 1124 , 145 L. Ed. 2d 826 (2000).], if the trial court had redacted “transcript of plea” questions 4(a) and (b) and/or defendant’s answers to those questions. Defendant’s argument is therefore without merit. Although other documents, such as a transcript of plea, could be used to prove a conviction, we agree that, as our Supreme Court stated, the “preferred method for proving a prior conviction includes the introduction of the judgment itself into evidence.” [State v. Maynard, 311 N.C. 1, 26 , 316 S.E.2d 197, 211 , cert. denied, 469 U.S. 963 , 83 L. Ed. 2d 299 (1984)] (emphasis added).”

   1 later decision quote this exact passage · from the majority
   e.g. 222 N.C. App. 160 - State v. Boyd

2. “THE COURT: I’ll try to take into account all the things argued by counsel, by the state, the seriousness of the current offense, his voluminous criminal history and record of a lot of misdemeanors. I’ll also try to take into account what you said, the nature of the prior felonies that got him to this status of habitual felon, and the passage of time since his previous felony, and the things about Disability. And the Court considering all these things, Madam Clerk, again will find that he was convicted by the Jury of the Class E assault with a deadly weapon inflicting serious injury. The Court will enhance it to a Class C pursuant to the habitual felon status, prior record level 3; the Court having found seven prior record level points due to seven prior A-l or 1 misdemeanors.”

   1 later decision quote this exact passage · from the majority
   e.g. 219 N.C. App. 490 - State v. Oakes

3. “If it appears to the judge that the jury has been unable to agree, the judge may require the jury to continue its deliberations and may give or repeat the instructions provided in subsections (a) and (b). The judge may not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals.”

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