209 N.C. App. 507 - In Re Watson’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. “Although not determinative in our decision, we take this opportunity to provide additional guidance to the trial courts of this State in their efforts to comply with the “thorough inquiry” mandated by N.C.G.S. § 15A-1242. The University of North Carolina at Chapel Hill School of Government has published a fourteen-question checklist “designed to satisfy requirements of’ N.C.G.S. § 15A-1242: 1. Are you able to hear and understand me? 2. Are you now under the influence of any alcoholic beverages, drugs, narcotics, or other pills? 3. How old are you? 4. Have you completed high school? college? If not, what is the last grade you completed? 5. Do you know how to read? write? 6. Do you suffer from any mental handicap? physical handicap? 7. Do you understand that you have the right to be represented by a lawyer? 8. Do you understand that you may request that a lawyer be appointed for you if you are unable to hire a lawyer; and one will be appointed if you cannot afford to pay for one? 9. Do you understand that, if you decide to represent yourself, you must follow the same rules of evidence and procedure that a lawyer appearing in this court must follow? 10. Do you understand that, if you decide to represent yourself, the court will not give you legal advice concerning defenses, jury instructions or other legal issues that may be raised in the trial? 11. Do you understand that I must act as an impartial judge in this case, that I will not be able to offer you legal advice, and that I”

   1 later decision quote this exact passage
   e.g. 213 N.C. App. 571 - State v. Sorrow

2. “if the court finds of record that at the time of waiver the indigent person acted with full awareness of his or her rights and of the consequences of the waiver. In making such a finding, the court shall follow the requirements of G.S. 15A-1242 and shall consider, among other things, such matters as the person's age, education, familiarity with the English language, mental condition, and the complexity of the matter.”

   1 later decision quote this exact passage
   e.g. In re V.O.

3. “makes thorough inquiry and is satisfied that the defendant: (1) Has been clearly advised of his right to the assistance of counsel, including his right to the assignment of counsel when he is so entitled; (2) Understands and appreciates the consequences of this decision; and (3) Comprehends the nature of the charges and proceedings and the range of permissible punishments.”

   1 later decision quote this exact passage
   e.g. In re V.O.