State v. Mitchell’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[D]efendant contends that statements made by Detective Harris . . . were hearsay. However, while the statement made by Detective Harris was hearsay, it was elicited from Detective Harris by defense counsel. Defendant cannot assign error to hearsay testimony which he elicited.”

   2 later decisions quote this exact passage
   e.g. 185 N.C. App. 160 - State v. Michaux · 165 N.C. App. 545 - State v. Hemby

2. “The jury found defendant guilty on both a theory of felony murder and a theory of premeditation and deliberation. Because we have found that there is sufficient evidence of the underlying felony to support defendant’s conviction of first-degree murder under the felony murder rule, we need not discuss defendant’s contention that there was insufficient evidence to convict him of first-degree murder under a theory of premeditation and deliberation. In State v. Thomas, 325 N.C. 583, 593 , 386 S.E.2d 555, 560-61 (1989), we said, “[p]remeditation and deliberation is a theory by which one may be convicted of first degree murder; felony murder is another such theory. Criminal defendants are not convicted or acquitted of theories; they are convicted or acquitted of crimes.” Accordingly, we reject defendant’s final argument.”

   1 later decision quote this exact passage
   e.g. 198 N.C. App. 457 - State v. Lowry