258 N.C. App. 491 - State v. Benitez’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. “[T]he trial court did not find that defendant's trial counsel had a strategic reason for failing to file a motion to suppress based upon North Carolina General Statute § 7B-2101 but instead that his actions were objectively reasonable at the time-considering the state of the law-and that he acted diligently and in good faith in his representation of defendant. The trial court's findings of fact demonstrate the court's efforts to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. Defendant's trial counsel did make a legal error, but it was not an objectively unreasonable error at the time.”

   1 later decision quote this exact passage
   e.g. State v. Wright