246 N.C. App. 725 - State v. Watkins’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]his Court's interpretation of its own mandate is properly considered an issue of law reviewable de novo . On the remand of a case after appeal, the mandate of the reviewing court is binding on the lower court, and must be strictly followed, without variation and departure from the mandate of the appellate court. It is well-established that in discerning a mandate's intent, the plain language of the mandate controls.”

   1 later decision quote this exact passage
   e.g. 250 N.C. App. 225 - State v. Hardy

2. “[a] trial court's resentencing of a defendant to the same sentence as a prior sentencing court is not ipso facto evidence of any failure to exercise independent decision-making or conduct a de novo review.”

   1 later decision quote this exact passage · from the majority
   e.g. 250 N.C. App. 225 - State v. Hardy

3. “[W]hen a trial court relies on a previous court's sentence determination and fails to conduct its own independent review of the evidence, a defendant is deprived of a de novo sentencing hearing.”

   1 later decision quote this exact passage · from the majority
   e.g. 250 N.C. App. 225 - State v. Hardy