State v. Torain’s Empirical Analysis
1986
Citation profile
130 state decisions
How this case has been cited
Cited by 130 later decisions — most recently July 2019 · most notably State v. Green (1994), State v. Jones (2002)
130 state decisions
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 In the Matter of Samuel Winship · Stovall v. Denno · Sandstrom v. Montana · County Court of Ulster Cty. v. Allen · Francis v. Franklin
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 130 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] prerequisite to our engaging in a “plain error” analysis is the determination that the [trial court’s action] constitutes “error” at all. Then “before deciding that an error by the trial court amounts to ‘plain error,’ the appellate court must be convinced that absent the error the jury probably would have reached a different verdict.””
7 later decisions quote this exact passage“[w]here the alleged deadly weapon and the manner of its use are of such character as to admit of but one conclusion, the question as to whether or not it is deadly ... is one of law, and the Court must take the responsibility of so declaring.”
5 later decisions quote this exact passage“[w]here the alleged deadly weapon and the manner of its use are of such character as to admit of but one conclusion, the question as to whether or not it is deadly ... is one of law, and the Court must take the responsibility of so declaring. " State v. Torain, 316 N.C. 111 , 119, 340 S.E.2d 465 , 470 (1986) (quoting State v. Smith, 187 N.C. 469 , 470, 121 S.E. 737 , 737 (1924)) (emphasis added and emphasis in original). In contrast, "`where the instrument, according to the manner of its use or the part of the body at which the blow is aimed, may or may not be likely to produce such results, its allegedly deadly character is one of fact to be determined by the jury.'”
4 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.