220 N.C. App. 392 - State v. Jones’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The] [d]efendant in this case sought to have his attorneys follow instructions to present claims that they felt "ha[d] no merit." Thus, the impasse was not over "tactical decisions," but rather over whether [the] Defendant could compel his counsel to file frivolous motions and assert theories that lacked any basis in fact. Nothing in Ali or our Sixth Amendment jurisprudence requires an attorney to comply with a client's request to assert frivolous or unsupported claims. In fact, to do so would be a violation of an attorney's professional ethics: "A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law or fact for doing so that is not frivolous ... [.]" N.C. St. B. Rev. R. Prof. Conduct 3.1 (emphasis added).”

   2 later decisions quote this exact passage
   e.g. 250 N.C. App. 254 - State v. Ward · State v. Marshall

2. “The right to counsel in a serious criminal prosecution is guaranteed by the sixth amendment to the Constitution of the United States. The attorney-client relationship rests on principles of agency, and not guardian and ward. While an attorney has implied authority to make stipulations and decisions in the management or prosecution of an action, such authority is usually limited to matters of procedure, and, in the absence of special authority, ordinarily a stipulation operating as a surrender of a substantial right of the client will not be upheld. The attorney is bound to comply with her client's lawful instructions, "and her actions are restricted to the scope of the authority conferred." "No person can be compelled to take the advice of his attorney."”

   1 later decision quote this exact passage
   e.g. 256 N.C. App. 572 - State v. Payne

3. “This Court reviews alleged violations of constitutional rights de novo .”

   1 later decision quote this exact passage
   e.g. 256 N.C. App. 572 - State v. Payne