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← 304 N.C. 511 - State v. Gerald

State v. Gerald’s Empirical Analysis

1981

Citation profile

90
cited by 90 later decisions
1
states following
July 2019
most recently cited

90 state decisions

How this case has been cited

Cited by 90 later decisions — most recently July 2019 · most notably State v. Williams (1983), State v. Robbins (1983)

90 state decisions

3201981199020002010decided

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 Faretta v. California · Gideon v. Wainwright · State v. Goodman · State v. Duboise · State v. Thacker

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

  1. “A defendant may be permitted at his election to proceed in the trial of his case without the assistance of counsel only after the trial judge makes thorough inquiry and is satisfied that the defendant: (1) Has been clearly advised of his right to the assistance of counsel, including his right to the assignment of counsel when he is so entitled; (2) Understands and appreciates the consequences of this decision; and (3) Comprehends the nature of the charges and proceedings and the range of permissible punishments.”
    12 later decisions quote this exact passage
  2. “[P]roduce[s] substantial evidence which would support a conclusion by the trial court that at the time of the crime for which he is being tried [the] defendant's mind and reason were so completely intoxicated and overthrown as to render him utterly incapable of forming [the requisite intent to commit the crime.] In the absence of some evidence of intoxication to such degree, the court is not required to charge the jury thereon.”
    4 later decisions quote this exact passage
  3. “A criminal defendant has a constitutional right to the assistance of competent counsel in his defense. Gideon v. Wainwright, 372 U.S. 335 (1963). Implicit in defendant’s constitutional right to counsel is the right to refuse the assistance of counsel and conduct his own defense. Faretta v. California, 422 U.S. 806 (1975). In its decisions both prior to and after Faretta , this court has held that counsel may not be forced on an unwilling defendant. State v. Thacker, 301 N.C. 348 , 271 S.E. 2d 252 (1980); State v. McNeil, 263 N.C. 260 , 139 S.E. 2d 667 (1975).”
    3 later decisions 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.