227 N.C. App. 601 - State v. Hernandez’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “where a theory argued on an appeal was not raised before the trial court, the argument is deemed waived on appeal.”

   3 later decisions quote this exact passage
   e.g. 254 N.C. App. 202 - State v. Perry · 257 N.C. App. 803 - State v. Golder

2. “In order to preserve a question for appellate review, a party must have presented the trial court with a timely request, objection or motion, stating the specific grounds for the ruling sought if the specific grounds are not apparent.”

   2 later decisions quote this exact passage
   e.g. 257 N.C. App. 803 - State v. Golder · State v. Golder

3. “As a general proposition, claims of ineffective assistance of counsel should be considered through motions for appropriate relief and not on direct appeal. It is well established that ineffective assistance of counsel claims brought on direct review will be decided on the merits when the cold record reveals that no further investigation is required, i.e., claims that may be developed and argued without such ancillary procedures as the appointment of investigators or an evidentiary hearing. Thus, when this Court reviews ineffective assistance of counsel claims on direct appeal and determines that they have been brought prematurely, we dismiss those claims without prejudice, allowing defendants to bring them pursuant to a subsequent motion for appropriate relief in the trial court.”

   1 later decision quote this exact passage
   e.g. 232 N.C. App. 637 - State v. Carpenter