Public-domain · open source
OpenJurist
← 264 N.C. 681 - State v. Weaver

State v. Weaver’s Empirical Analysis

1965

Citation profile

66
cited by 66 later decisions
2
cited 2 times by the Supreme Court
2
states following
December 2013
most recently cited

6 federal appellate · 46 state decisions

How this case has been cited

Cited by 66 later decisions (2 by the Supreme Court) — most recently December 2013 · most notably North Carolina v. Pearce (1969), State v. Stepney (1972)

6 federal appellate · 46 state decisions

450196519701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Gideon v. Wainwright · Betts v. Brady · State v. Marshall Norman Hicks · King v. United States · State v. Jones

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

  1. ““It is hardly realistic to say that nine months in the State prison amount to nothing — that since the petitioner ‘should not have been imprisoned as he was, he was not imprisoned at all.’ [Citation omitted.] Moreover, * * * the time served before the reversal of the sentence might in some other case be so long that glaring and intolerable injustice would result if the time served on a first sentence should not be taken into account in imposing a second sentence. It is not even technically correct to say that the first sentence must now be deemed to have been a nullity. It was not a nullity when it was imposed or while it teas being served.””
    1 later decision quote this exact passage
  2. ““Ladies and gentlemen of the jury, I’m sorry I had to bring you back in. I overlooked one thing in my charge and that is I instructed you there were only two verdicts you could bring in under this evidence and that is guilty or not guilty of assault with a deadly weapon with intent to kill. However, the Court will now instruct you that if you do not find the defendant guilty, or you find the defendant not guilty of assault with a deadly weapon with intent to kill, then it would be your duty to consider whether or not the defendant is guilty of an assault with a deadly weapon.””
    1 later decision quote this exact passage
  3. “It (assault with a deadly weapon) is an essential element of the felony created and defined by G.S. 14-32, being an included `less degree of the same crime.'”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.