256 N.C. App. 255 - State v. Faulk’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where there is prejudicial error in the trial court involving an issue or matter not fully determined by that court, the reviewing court may remand the cause to the trial court for appropriate proceedings to determine the issue or matter without ordering a new trial. If the trial court determines that the motion to suppress was properly denied, then defendant would not be entitled to a new trial because there would have been no error in the admission of the evidence, and his convictions would stand. If, however, the court determines that the motion to suppress should have been granted, defendant would be entitled to a new trial. We have found no other prejudicial error at defendant's trial. Therefore, the trial court's failure to make adequate conclusions to support its decision to deny defendant's motion to suppress does not require that we order a new trial.”

   1 later decision quote this exact passage
   e.g. 259 N.C. App. 848 - State v. Howard

2. “the absence of factual findings alone is not error because only a material conflict in the evidence-one that potentially affects the outcome of the suppression motion-must be resolved by explicit factual findings that show the basis for the trial court's ruling.”

   1 later decision quote this exact passage
   e.g. 259 N.C. App. 848 - State v. Howard

3. “The mandatory language of N.C. Gen. Stat. § 15A-977(f) ... forces us to conclude that the trial court's failure to make any conclusions of law in the record was error.”

   1 later decision quote this exact passage
   e.g. 259 N.C. App. 848 - State v. Howard