State v. Riera’s Empirical Analysis

Citation profile

166 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 166 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a defendant is indicted for a criminal offense he may be convicted of the charged offense or of a lesser included offense when the greater offense charged in the bill contains all the essential elements of the lesser offense, all of which could be proved by proof of the allegations of fact contained in the indictment.”

   6 later decisions quote this exact passage
   e.g. 51 N.C. App. 397 - State v. Williams · 54 N.C. App. 366 - State v. Young

2. ““It is also well recognized in North Carolina that when a defendant is indicted for a criminal offense he may be convicted of the offense charged or of a lesser included offense when the greater offense in the bill contains all the essential elements of the lesser offense, all of which could be proved by proof of the allegations of fact contained in the indictment. . . . Further, when such lesser included offense is supported by some evidence, a ‘defendant is entitled to have the different views arising on the evidence presented to the jury upon proper instructions, and an error in this respect is not cured by a verdict finding the defendant guilty of a higher degree of the same crime . . . . ’ When there is evidence to support the milder verdict, the Court must charge upon it even when there is no specific prayer for the instruction.””

   4 later decisions quote this exact passage
   e.g. State v. Harvey · 54 N.C. App. 104 - State v. Rick

3. ““A prima facie case does nothing more than carry the case to the jury for its determination. Owens v. Kelly, 240 N.C. 770 , 84 S.E. 2d 163 . Likewise, prima facie evidence is no more than sufficient evidence to establish the vital facts without further proof, if it satisfies the jury. In a criminal case the jury is at full liberty to acquit the defendant if it is not satisfied from all the evidence— including prima facie evidence — that defendant’s guilt has been proven beyond a reasonable doubt. In short, the inference or conclusion which may be drawn from certain facts recited in the statute may justify, but not compel, a verdict adverse to the defendant. Ordinarily, the estab lishment of prima facie evidence does not shift the burden of the issue from the State to the defendant. * * *””

   2 later decisions quote this exact passage
   e.g. 68 N.C. App. 582 - Jones v. All American Life Insurance · 13 N.C. App. 479 - State v. McIntyre