State v. Duvall’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is true that one superior court judge ordinarily may not overrule a prior judgment of another superior court judge in the same case on the same issue. Calloway v. Motor Co., 281 N.C. 496 , 189 S.E.2d 484 (1972); State v. McClure, 280 N.C. 288 , 185 S.E.2d 693 (1972) .... However, this rule is inapplicable to interlocutory orders, which do not determine the issue, but rather direct some proceeding preliminary to a final decree.... A motion for a special venire is a pretrial order, the granting or denial of which is within the trial court's sound discretion. N.C.Gen.Stat. 15A-958. See also State v. Yoes and Hale v. State, 271 N.C. 616 , 157 S.E.2d 386 (1967). "Interlocutory orders are subject to change `at any time to meet justice and equity of the case upon sufficient grounds shown for the same.'" Calloway, supra, 281 N.C. at 502 , 189 S.E.2d at 488 . Therefore, when the circumstances have changed during the time between the original denied motion and the subsequent renewed motion, a trial judge may, in his discretion, grant the renewed motion in the interest of justice. More than five months elapsed between the two motions for a special venire. The state presented additional and current evidence that defendant would not be able to receive a fair and impartial trial before a jury comprised of residents of Dare County, where he was a prominent citizen and where considerable publicity had occurred. We hold that Judge Brown did not abuse his discretion by hearing and granting ”

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

2. “(b) A judge, on motion of the State or the defendant, must disqualify himself from presiding over a criminal trial or other criminal proceeding if he is: (1) Prejudiced against the moving party or in favor of the adverse party; or (4) For any other reason unable to perform the duties required of him in an impartial manner.”

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

3. “one superior court judge ordinarily may not overrule a prior judgment of another superior court judge in the same case on the same issue.”

   1 later decision quote this exact passage
   e.g. Boone Ford, Inc. v. IME Scheduler, Inc.