243 N.C. App. 651 - State v. Matsoake’s Empirical Analysis
2015
Citation profile
2
cited by 2 later decisions
1
states following
November 2017
most recently cited
2 state decisions
Relationships
Relies on State v. Fulcher · In Re Appeal of the Greens of Pine Glen Ltd. Partnership · State v. Wright · State v. Moore · State v. Johnson
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The trial court must instruct the jury upon a lesser-included offense when there is evidence to support it. However, when the State's evidence is clear and positive with respect to each element of the offense charged and there is no evidence showing the commission of a lesser-included offense, it is not error for the trial judge to refuse to instruct the jury on the lesser offense. To determine whether the evidence supports the submission of a lesser-included offense, courts must consider the evidence in the light most favorable to the defendant.”
1 later decision quote this exact passage“A trial court's decision not to give a requested lesser-included offense instruction is reviewed de novo on appeal.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.