State v. Holden’s Empirical Analysis
1994
Citation profile
6 federal appellate · 34 state decisions
How this case has been cited
Cited by 42 later decisions — most recently March 2019 · most notably State v. Jones (1994), State v. Holden (1997)
6 federal appellate · 34 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 Bowers v. Hardwick · McKoy v. North Carolina · Johnson v. Texas · McDougall v. North Carolina · In re Disbarment of Morrison
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]his Court has concluded that for purposes of N.C.G.S. § 15A-2000(e)(3), rape is a felony which has as an element the use or threat of violence to the person. State v. Artis, 325 N.C. 278, 321 , 384 S.E.2d 470, 494 (1989) (quoting McDougall, 308 N.C. at 18, 301 S.E.2d at 319), judgment vacated on other grounds, 494 U.S. 1023 , 108 L. Ed. 2d 604 , on remand, 327 N.C. 470 , 397 S.E.2d 223 (1990). We have further reasoned that where rape is deemed to have as an element the use or threat of violence, the ‘felony of attempt to commit rape is therefore by nature of the crime a felony which threatens violence.’ State v. Green, 336 N.C. 142, 170 , 443 S.E.2d 14, 30 (1994) (interpreting military law). Under N.C.G.S. § 15A-2000(e)(3), ‘[attempting to commit a crime which inherently involves violence obviously constitutes, at least, a ‘threat of violence.” Id. at 169, 443 S.E.2d at 30 . Therefore, the judgment showing that the defendant had previously been convicted of attempted second-degree rape was sufficient, standing alone, to require that the trial court submit the aggravating circumstance that the defendant had committed a prior felony involving the use or threat of violence to the person. For purposes of applying this aggravating circumstance, we reject the notion of any felony which may properly be deemed ‘non-violent rape.’ We believe that a more enlightened view of this matter has been expressed in the opinions of military courts which have been cited with approval by this ”
4 later decisions quote this exact passage“[t]he acts of having or attempting to have sexual intercourse with another person who is mentally defective or incapacitated and statutorily deemed incapable of consenting - just as with a person who refuses to consent - involve the 'use or threat of violence to the person[,]'”
4 later decisions quote this exact passage“no evidence was presented from which the jury could find beyond a reasonable doubt that the attempted second-degree rape involved violence or the threat of violence. He argues that because the State only offered proof of his conviction for second-degree rape by presenting the judgment, it failed to present evidence sufficient to prove the aggravating circumstance beyond a reasonable doubt. He reasons that the conviction is insufficient to prove the use of or threatened use of violence because second-degree rape may be predicated on sexual intercourse with a person who is mentally defective, mentally incapacitated, or physically helpless. N.C.G.S. § 14-27.3(a)(2) (1993).”
2 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.