258 N.C. App. 325 - State v. Miller’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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “that could have supported a jury determination that a man drawing a previously concealed handgun, immediately after having been knocked to the ground by Defendant, presented an immediate threat of death or serious bodily injury to Defendant, [his wife], or a bystander, and that attempting to escape from that danger by driving the golf cart for a brief period on the highway was a reasonable action taken to protect life, limb, or health.”

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

2. “The elements of duress are (1) that a defendant's illegal actions were caused by [the defendant's] reasonable fear that [the defendant or another] would suffer (2) immediate death or serious bodily injury[,] (3) if [the defendant had] not so act[ed][,] and (4) the defendant had no reasonable opportunity to avoid doing the [illegal] act without undue exposure to death or serious bodily harm.”

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

3. “For a jury instruction to be required on a particular defense, there must be substantial evidence of each element of the defense when the evidence [is] viewed in the light most favorable to the defendant[.]”

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