255 N.C. App. 364 - State v. Jones’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. “In sum, N.C.[G.S.] § 15A-921 expressly states that a citation may serve as the State's pleading in a criminal case, and N.C.[G.S.] § 15A-924(a)(5) requires that every criminal pleading must contain facts supporting each of the elements of the criminal offense with which the defendant is charged. There do not appear to be any appellate cases holding that N.C.[G.S.] § 15A-924 does not apply to a citation used as the pleading in a criminal case. Under the plain language of these statutes, when a citation is used * by the State as the pleading in a criminal case, it must-like any other criminal pleading-allege facts that support the elements of the offense with which the defendant is charged.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Jones

2. “has probable cause to believe that on ... Sunday , the 04 day of January , 2015 at 10:16PM in the county named above [defendant] did unlawfully and willfully OPERATE A MOTOR VEHICLE ON A STREET OR HIGHWAY AT A SPEED OF 62 MPH IN A 45 MPH ZONE ( G.S. 20-141(J1) ) and on ... Sunday , the 04 day of January , 2015 at 10:16PM in the county named above [defendant] did unlawfully and willfully WITH AN OPEN CONTAINER OF ALCOHOLIC BEVERAGE AFTER DRINKING ( G.S. 20-138.7(A) ) [.]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Jones

3. “It should be noted that the citation ( G.S. 15A-302 ) requires only that the crime be "identified," less than is required in the other processes. This is a reasonable difference, since it will be prepared by an officer on the scene. It still may be used as the pleading, but rather than get into sufficiency of the pleading in such a case the [ Criminal Code ] Commission simply gives the defendant the right to object and require a more formal pleading . G.S. 15A-922(c).”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Jones