State v. Oliver’s Empirical Analysis

Citation profile

3 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. “[d]uring the pendency of defendant’s appeal, our Supreme Court addressed this very issue of whether unauthorized use of a motor vehicle is a lesser included offense of possession of a stolen vehicle. See State v. Nickerson, 365 N.C. 279 , 715 S.E.2d 845 (2011). Due to our Supreme Court’s recent decision, we see no need to further discuss this.issue. Id. Consequently, the trial court did not err in not instructing the jury on the crime of unauthorized use of a stolen vehicle as it is not a lesser included offense of possession of a stolen vehicle.”

   2 later decisions quote this exact passage
   e.g. State v. Robinson · 236 N.C. App. 446 - State v. Robinson

2. “[b]oth offenses concern personal property. However, the specific definitional requirement that the property be a “motor-propelled conveyance” is an essential element unique to the offense of unauthorized use of a motor vehicle. For the offense of possession of stolen goods, the State need not prove that [the] defendant had a “motor-propelled conveyance” but rather that the property in [the] defendant’s possession is any type of personal property. As such, unauthorized use of a motor vehicle has an essential element not found in the definition of possession of stolen goods. Because we conclude that this element of the lesser crime is not an essential element of the greater crime, we need not address the other elements.”

   1 later decision quote this exact passage
   e.g. 236 N.C. App. 446 - State v. Robinson