260 N.C. App. 245 - State v. Forte’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. “Fundamental fairness and the predictable operation of the courts for which our Rules of Appellate Procedure were designed depend upon the consistent exercise of this authority. Furthermore, inconsistent application of the Rules may detract from the deference which federal habeas courts will accord to their application. Although a petitioner's failure to observe a state procedural rule may constitute an "adequate and independent state ground[ ]" barring federal habeas review, Wainwright v. Sykes , 433 U.S. 72 , 81, 97 S. Ct. 2497 , 2503, 53 L.Ed. 2d 594 , 604 (1977), a state procedural bar is not "adequate" unless it has been "consistently or regularly applied." Johnson v. Mississippi , 486 U.S. 578 , 589, 108 S. Ct. 1981 , 1988, 100 L.Ed. 2d 575 , 586 (1988). Thus, if the Rules are not applied consistently and uniformly, federal habeas tribunals could potentially conclude that the Rules are not an adequate and independent state ground barring review. Therefore, it follows that our appellate courts must enforce the Rules of Appellate Procedure uniformly.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Swafford

2. “; and (2) the indictment did not allege the date on which Defendant committed the felonies. Because the habitual felon indictment was facially defective, Defendant argues, the trial court lacked jurisdiction to sentence Defendant as a habitual felon.”

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

3. “[t]he dates the offenses were committed and the corresponding dates of conviction are essential elements of an habitual felon indictment because of the temporal requirement of N.C.G.S. § 14-7.1.”

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