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← 343 N.C. 399 - State v. Cole

State v. Cole’s Empirical Analysis

1996

Citation profile

24
cited by 24 later decisions
1
states following
February 2018
most recently cited

22 state decisions

How this case has been cited

Cited by 24 later decisions — most recently February 2018

22 state decisions

120199620002010decided

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 Batson v. Kentucky · Taylor v. Louisiana · Lockhart v. McCree · Nebraska v. Wyoming · State v. Odom

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

  1. “[T]he plain error rule ... is always to be applied cautiously and only in the exceptional case where, after reviewing the entire record, it can be said the claimed error is a ‘'fundamental error, something so basic, so prejudicial, so lacking in its elements that justice cannot have been done,” or “where [the error] is grave error which amounts to a denial of a fundamental right of the accused,” or the error has “ ‘resulted in a miscarriage of justice or in the denial to appellant of a fair trial’ ” or where the error is such as to “seriously affect the fairness, integrity or public reputation of judicial proceedings” or where it can be fairly said “the . . . mistake had a probable impact on the jury’s finding that the defendant was guilty.””
    2 later decisions quote this exact passage
  2. “Defendant [Cole] came home from work at around 5:30 p.m. on that evening [June 22], Upon entering the house, he asked where dinner was and then hit Theresa [Graham] with his fist. Defendant then went outside, and Theresa followed him asking why he had hit her. Once outside, defendant began hitting Theresa again. Her mother [Hattie Graham] followed and attempted to stop defendant from striking her daughter. Defendant then struck [Hattie] Graham, who fell and hit her head against the door of defendant’s automobile. Rod and [Theresa’s twelve-year old cousin, William] Bowser[,] helped [Hattie] Graham into the house, and she called the police. When Deputies Lilly and Vick of the Camden County Sheriffs Department arrived at the Graham residence, defendant and Theresa were arguing. Theresa had a black eye and a bruised face. Theresa remained with the children while the deputies transported defendant and [Hattie] Graham in separate vehicles to the magistrate’s office. At the magistrate’s office, a warrant was issued for defendant’s arrest for the assault of [Hattie] Graham. Defendant posted bond and was released with instructions that he not return to the Graham residence except to retrieve his automobile. Police officers accompanied defendant back to the residence to retrieve his automobile and stayed until defendant left shortly before midnight.”
    1 later decision quote this exact passage
  3. “Bowser stated that he was asleep on the couch when he heard a loud crash and saw defendant break through the back door. According to Bowser, defendant, armed with a .22-caliber rifle, snatched the telephone cord out of the wall, went to Theresa’s bedroom, pulled Theresa from the bed, and shot her. Defendant kept beating Theresa as he dragged her into the dining room. Defendant then went into the kitchen, grabbed a knife, returned to the dining room, and began stabbing Theresa. At some point, [Hattie] Graham tried to intervene, and the defendant stabbed her. Defendant then took Theresa onto the porch and resumed stabbing her. He eventually stopped; yelled, “I told you I was going to kill you”; then left the Graham residence. After defendant left, Bowser reconnected the phone, and [Hattie] Graham called the Sheriff. After talking to Deputy Vick on the telephone, [Hattie] Graham stopped breathing [and soon died].”
    1 later decision 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.