242 N.C. App. 188 - State v. James’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. “In general, claims of ineffective assistance of counsel should be considered through motions for appropriate relief and not on direct appeal. This is so because this Court, in reviewing the record, is without the benefit of information provided by defendant to trial counsel, as well as defendant's thoughts, concerns, and demeanor, that could be provided in a full evidentiary hearing on a motion for appropriate relief. However, ineffective assistance of counsel claims are appropriately reviewed on direct appeal 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.”

   1 later decision quote this exact passage
   e.g. 251 N.C. App. 821 - State v. Cholon

2. “The motions to dismiss made by Defendant's counsel's at trial were based solely upon the premise that the superseding indictment was invalid. Defendant's counsel did not expressly make the argument in the trial court that he has raised on appeal, which is that there was insufficient evidence for the charge to proceed to the jury. Therefore, as Defendant failed to properly preserve his sufficiency of the evidence argument for appellate review, we dismiss Defendant's appeal as to this issue.”

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

3. “days did not constitute a fatal defect). In both cases, this Court emphasized that Osborne was not binding and held the essential elements of the offense of failure to report a change of address as a sex offender were sufficiently alleged in the indictments to put the defendants on notice of the charge against them. 1 In line with this Court's recent published cases, we hold the indictment in this case, which alleged”

   1 later decision quote this exact passage
   e.g. 243 N.C. App. 486 - State v. McLamb