208 N.C. App. 376 - State v. Baker’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e hold that, for purposes of [a motion to suppress], a material conflict in the evidence exists when evidence presented by one party controverts evidence presented by an opposing party such that the outcome of the matter to be decided is likely to be affected.”

   3 later decisions quote this exact passage
   e.g. State v. Riggsbee · 215 N.C. App. 1 - State v. Williams

2. “We observe that the language of section 15A-977(f) is mandatory —a trial court “must set forth in the record [its] findings of fact and conclusions of law.” N.C. Gen. Stat. § 15A-977(f) [(2011)] (emphasis added). Compare In re Hardy, 294 N.C. 90 , [97,] 240 S.E.2d 367 [, 372] (1978) (noting that, when a statute employs the word “may,” it ordinarily shall be construed as permissive and not mandatory, but legislative intent must control the statute’s construction) with State v. Inman, 174 N.C. App. 567, 570 ,] 621 S.E.2d 306 [, 309] (2005) (observing that use of the words “must” and “shall” in a statute are deemed to indicate a legislative intent to make the provision of the statute mandatory such that failure to observe it is fatal to the validity of the action), disc. rev. denied, 360 N.C. 652 , 638 S.E.2d 907 (2006). The language of [N.C. Gen. Stat. §] 15A-977 has been interpreted as mandatory to the trial court unless (1) the trial court provides its rationale from the bench, and (2) there are no material conflicts in the evidence at the suppression hearing.” State v. Williams, [195] N.C. App. 554, 555, 673 S.E.2d 394 ,395 (2009) (citing State v. Shelly, 181 N. C. App. 196, 204-205, 638 S.E.2d 516, 523 , disc. review denied, 361 N.C. [367], 646 S.E.2d 768 (2007) (emphasis added). . . .”

   1 later decision quote this exact passage
   e.g. State v. O'Connor

3. “[W]hen a trial court’s failure to make findings of fact and conclusions of law is assigned as error, the appropriate standard of review on appeal is as follows: The trial court’s ruling on the motion to suppress is fully reviewable for a determination as to whether the two criteria set forth in Williams have been met[.]”

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