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← 344 N.C. 658 - State v. Miller

State v. Miller’s Empirical Analysis

1996

Citation profile

98
cited by 98 later decisions
4
states following
August 2019
most recently cited

6 federal appellate · 90 state decisions

How this case has been cited

Cited by 98 later decisions — most recently August 2019 · most notably State v. Bishop (1997), United States v. Ellis (2009)

6 federal appellate · 90 state decisions

470199620002010decided

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 Miranda v. State of Arizona Vignera · Faretta v. California · Washington v. Texas · Victor v. Nebraska · Herring v. New York

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

  1. “(1) the intent to commit the substantive offense, and (2) an overt act done for that purpose which goes beyond mere preparation, but (3) falls short of the completed offense.”
    5 later decisions quote this exact passage
  2. “(1) I have the right to remain silent. That means I do not have to say anything or answer any questions. (2) If I decide to start answering questions, I still have the right to ston answering questions any time I want to. (3) If I do answer questions or say anything, whatever I say can be used against me. (4) I have the right to have a parent, guardian, or custodian here with me now during questioning .... (5) I have the right to talk to a lawyer and to have a lawyer here with me now to advise and help me during questioning. (6) If I want to have a lawyer with me during questioning but do not have a lawyer, one will be provided to me at no cost before I am questioned. (7) If I agree to answer questions now, without a lawyer, parent; guardian, or custodian here, I still have the right to stop answering questions whenever I want to. (8) If I decide to answer questions now, I can still change my mind and stop answering questions until I have talked to a lawyer an/or parent, guardian or custodian.”
    4 later decisions quote this exact passage
  3. “In order to constitute an attempt, it is essential that the defendant, with the intent of committing the particular crime, should have done some overt act adapted to, approximating, and which in the ordinary and likely course of things would result in the commission thereof. Therefore, the act must reach far enough towards the accomplishment of the desired result to amount to the commencement of the consummation. It must not be merely preparatory. In other words, while it need not be the last proximate act to the consummation of the offense attempted to be perpetrated, it must approach sufficiently near to it to stand either as the first or some subsequent step in a direct movement towards the commission of the offense after the preparations are made.”
    3 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.