251 N.C. App. 463 - State v. Lail’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a general verdict would be ambiguous for sentencing purposes where the jury is charged on second-degree murder and presented with evidence that may allow them to find that either B2 depraved-heart malice or another B1 malice theory existed. In such a situation, courts cannot speculate as to which malice theory the jury used to support its conviction of second-degree murder. See State v. Goodman , 298 N.C. 1 , 16, 257 S.E.2d 569 , 580 (1979) ("If the jury's verdict were general, not specifying the theory upon which guilt was found, the court would have no way of knowing what theory the jury used and would not have proper basis for passing judgment.").”

   2 later decisions quote this exact passage
   e.g. 256 N.C. App. 148 - State v. Mosley · State v. Hollifield

2. “[a]ny person who commits second degree murder shall be punished as a Class B1 felon, except that a person who commits second degree murder shall be punished as a Class B2 felon in either of the following circumstances: (1) The malice necessary to prove second degree murder is based on an inherently dangerous act or omission, done in such a reckless and wanton manner as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief.”

   2 later decisions quote this exact passage
   e.g. 256 N.C. App. 148 - State v. Mosley · State v. Hollifield

3. “We review de novo whether the sentence imposed was authorized by the jury's verdict.”

   2 later decisions quote this exact passage
   e.g. 256 N.C. App. 148 - State v. Mosley · State v. Hollifield