State v. Marlow’s Empirical Analysis

Citation profile

48 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the statutory time, within which the trial of a criminal case must begin, must cease to run until the occurrence of the earlier of the following events: (1) the completion of the requested discovery; (2) the filing by the defendant of a confirmation of voluntary compliance with the discovery request; or (3) the date upon which the court, pursuant to N.C. Gen. Stat. § 15A-909, has determined that discovery would be completed.”

   2 later decisions quote this exact passage
   e.g. State v. Johnson · State v. Miller

2. “After careful consideration, we have determined that the Speedy Trial Act’s rule of exclusion, specifically subsection (b) of section 701, should include the period of delay resulting from a defendant’s request for discovery. This excludable discovery period shall commence upon the service of defendant’s motion for request for discovery upon counsel for the State, and shall encompass only such time which occurred after the speedy trial period has been triggered. . . . Furthermore, there are various circumstances in which the investigative process is hindered by the secretion, disposition or attempted elimination of evidence by not only interested parties, but also by innocent persons unaware of the significance of such information. Our decision to exclude discovery time does not force the defendant to anxiously await, at the mercy of the State, the completion of discovery within a reasonable time. The State remains bound not only by requirements of good faith to proceed in a timely manner, but also by the defendant’s ability to compel earlier discovery, pursuant to N.C. Gen. Stat. Sec. 15A-909.”

   1 later decision quote this exact passage
   e.g. 73 N.C. App. 60 - State v. Thompson

3. “[I]f the defendant believed it was necessary to kill the deceased in order to save himself from death or great bodily harm, and the defendant’s belief was reasonable because the circumstances at the time were sufficient to create such a belief in the mind of a person of ordinary firmness, but the defendant, although without murderous intent, was the aggressor or used excessive force, the defendant would have lost the benefit of perfect self defense. In this situation he would have shown only that he exercised the imperfect right of self-defense and would remain guilty of at least voluntary manslaughter. However, both elements (1) and (2) [above] must be shown to exist before the defendant will be entitled to the benefit of either perfect or imperfect self defense.”

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