State v. Thacker’s Empirical Analysis

Citation profile

3 federal appellate · 120 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 127 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . At the next trial, upon objection, the origin of the in-court identification of defendant by each victim should be determined by the trial court on a voir dire examination with appropriate findings of fact and conclusions based thereon. The present record contains no such findings. In light of the foregoing facts, we do not decide whether defendant’s constitutional rights were violated at the hospital emergency room confrontation. At the time of that confrontation it should be noted that both victims had been stabbed and their chance of survival was uncertain and unknown. Defendant had been immediately apprehended under circumstances strongly indicating guilt. The need for immediate action was apparent, and the police followed the most, and perhaps the only, feasible procedure when they took defendant to the hospital emergency room for immediate identification or exoneration. Under these circumstances defendant’s claimed violation of due process by a ‘one-man lineup’ and his claimed violation of Sixth Amendment rights to counsel at that confrontation are arguable matters, Stovall v. Denno, 388 U.S. 293 , 18 L.Ed. 2d 1199 , 87 S.Ct. 1967 (1967); State v. McNeil, 277 N.C. 162 , 176 S.E. 2d 732 (1970), and resolution of them is not necessary to a decision in these cases.” 281 N.C. at 458 .”

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

2. ““Sec. 14-32. Felonious Assault With a Firearm or Other Deadly Weapon With Intent to Kill or Inflicting Serious Injury; Punishments. — (a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury is guilty of a felony punishable by a fine, imprisonment for not more than ten (10) years, or both such fine and imprisonment. (b) Any person who assaults another person with a deadly weapon and inflicts serious injury is guilty of a felony punishable by a fine, imprisonment for not more than five (5) years, or both such fine and imprisonment. (c) Any person who assaults another person with a firearm with intent to kill is guilty of a felony punishable by a fine, imprisonment for not more than five (5) years, or both such fine and imprisonment.””

   1 later decision quote this exact passage
   e.g. 21 N.C. App. 608 - State v. Turner

3. ““14-32. Assault with a firearm or other deadly weapon with intent to kill or inflicting serious injury; punishments.— (a) Any person who assaults another person with a firearm or other deadly weapon of any kind with intent to kill and inflicts serious injury is guilty of a felony punishable under G.S. 14-2. (b) Any person who assaults another person with a firearm or other deadly weapon per se and inflicts serious injury is guilty of a felony punishable by a fine or imprisonment for not more than five years, or both such fine and imprisonment. (c) Any person who assaults another person with a firearm with intent to kill, is guilty of a felony punishable by á fine or imprisonment for not more than five years, or both such fine and imprisonment.””

   1 later decision quote this exact passage
   e.g. 21 N.C. App. 608 - State v. Turner