261 N.C. App. 664 - State v. Bice’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. “For a jury instruction to be required on a particular defense, [however,] there must be substantial evidence of each element of the defense when the evidence is viewed in the light most favorable to the defendant. Substantial evidence is evidence that a reasonable person would find sufficient to support a conclusion. Whether the evidence presented constitutes substantial evidence is a question of law.”

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

2. “Our Supreme Court has held on numerous occasions that it is the duty of the trial court to instruct the jury on all of the substantive features of a case. ... Failure to instruct upon all substantive or material features of the crime charged is error.”

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

3. “All defenses arising from the evidence presented during trial, including the defense of accident, are substantial features of a case and therefore warrant instructions.”

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