253 N.C. App. 819 - State v. Riley’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. “Pursuant to 18 U.S.C. § 922 (g)(1), it is unlawful "for any person ... who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year ... to ... possess in or affecting commerce, any firearm." 18 U.S.C. § 922 (g)(1) (2015). The federal offense of being a felon in possession of a firearm requires proof that (1) the defendant had been convicted of a crime punishable by more than one year in prison, (2) the defendant possessed (3) a firearm, and (4) the possession was in or affecting commerce. Pursuant to N.C. Gen. Stat. § 14-415.1 (a), it is unlawful in North Carolina "for any person who has been convicted of a felony to ... possess ... any firearm." N.C. Gen. Stat. § 14-415.1 (a) (2015). The state offense of possession of a firearm by a felon requires proof that (1) the defendant had been convicted of a felony and (2) thereafter possessed (3) a firearm.... There are two notable differences between the offenses, the first being the "interstate commerce" element. This "jurisdictional element" requires "the government to show that a nexus exists between the firearm and the interstate commerce to obtain a conviction under § 922(g)" United States v. Wells , 98 F.3d 808 , 811 (4th Cir. 1996). It "is typically satisfied by proof that the firearm ..., or parts of the firearm, were manufactured in another state or country." ... A conviction under 18 U.S.C. § 922 (g)(1) necessarily includes conduct which would violate N.C. Gen. Stat. § 14-415.1 ”

   1 later decision quote this exact passage
   e.g. 258 N.C. App. 150 - State v. Weldon

2. “[t]he record contains sufficient information for this Court to determine that the federal offense of being a felon in possession of a firearm, 18 U.S.C. § 922 (g)(1), is substantially similar to the North Carolina offense of possession of a firearm by a felon, N.C. Gen. Stat. § 14-415.1 ,”

   1 later decision quote this exact passage
   e.g. 258 N.C. App. 150 - State v. Weldon

3. “there [was] no evidence that the version of § 922(g)(1) relied upon by the trial court was the same version under which [the] defendant was convicted, or if it was the most recent version, that the statute remained unchanged since [the] defendant's conviction.”

   1 later decision quote this exact passage
   e.g. 258 N.C. App. 150 - State v. Weldon