252 N.C. App. 409 - State v. Walker’s Empirical Analysis
2017
Citation profile
4 state decisions
Relationships
Relies on 155 N.C. App. 120 - State v. Holliman · 184 N.C. App. 553 - State v. Mueller · 117 N.C. App. 713 - State v. Baldwin · 243 N.C. App. 142 - State v. Pender · 244 N.C. App. 699 - State v. Chapman
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] specific reference to one element contrasts with cases in which a defense counsel makes a more generalized motion to dismiss for insufficiency of the evidence. See, e.g. , State v. Glisson , [--- N.C. App. ----, ----,] 796 S.E.2d 124 , 127 [ (2017) ] (holding that the defendant's challenge to the sufficiency of the evidence was preserved because the trial court referred to the challenge as a "global" and "prophylactic" motion to dismiss, thereby making apparent that the trial court considered the sufficiency of the evidence as to all elements of each charged offense); State v. Pender [ 243 N.C. App. 142 , 153] 776 S.E.2d 352 , 360 (2015) (holding that while the defense counsel presented a specific argument addressing only two elements of two charges, counsel also asserted a general motion to dismiss which "preserved [the defendant's] insufficient evidence arguments with respect to all of his convictions"); State v. Mueller , 184 N.C. App. 553 , 559, 647 S.E.2d 440 , 446 (2007) (holding that the trial counsel's presentation of a specific argument addressed only five charges, but the general motion to dismiss preserved the arguments regarding the other charges on appeal). A general motion to dismiss requires the trial court to consider the sufficiency of the evidence on all elements of the challenged offenses, thereby preserving the arguments for appellate review.”
2 later decisions quote this exact passage“[b]ecause defense counsel argued before the trial court the sufficiency of the evidence only as to specific elements of the charges and did not refer to a general challenge regarding the sufficiency of the evidence to support each element of each charge, we hold Defendant failed to preserve the issues of the sufficiency of the evidence as to the other elements of the charged offenses on appeal.”
2 later decisions quote this exact passage“[A] defendant may not make insufficiency of the evidence to prove the crime charged the basis of an issue presented on appeal unless a motion to dismiss the action ... is made at trial.”
2 later decisions 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.