36 N.C. App. 527 - State v. Abernathy’s Empirical Analysis
1978
Citation profile
3 federal appellate · 4 state decisions
How this case has been cited
Cited by 12 later decisions (2 by the Supreme Court) — most recently January 1994
3 federal appellate · 4 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 State v. Hunt · State v. White · State v. Cruse · State v. Brower & Johnson · State v. Riddick
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.
““Defendant argues on this issue that Judge Ervin’s finding that footnote eight in Hankerson, supra, is inapplicable because of N.C. appellate procedure and cites State v. Hunt, 283 N.C. 617 , 197 S.E. 2d 513 (1973), and Rule 10(b)(2) of the Rules of Appellate Procedure as authority for his contention. These two authorities actually provide support for our holding in the instant case rather than the defendant’s position. Rule 10(b)(2) provides: (b) Exceptions. * * * (2) Jury Instructions; Findings and Conclusions of Judge. An exception to instructions given the jury shall identify the portion in question by setting it within brackets or by any other clear means of reference. An exception to the failure to give particular instructions to the jury or to make a particular finding of fact or conclusion of law which was not specifically requested of the trial judge shall identify the omitted instruction, finding, or conclusion by setting out its substance immediately following the instructions given, or findings or conclusions made. A separate exception shall be set out to the making or omission of each finding of fact or conclusion of law which is to be assigned as error.”
1 later decision quote this exact passagee.g. State v. Watson“The Post Conviction Hearing Act does not provide a substitute for appeal. State v. White, 274 N.C. 220, 162 S.E.2d 473 (1968). See 4 Strong's N.C.Index 3d, Criminal Law § 181. 16 . . . . Since the defendant in the present case could have challenged the jury charge on direct appeal just as Hankerson, Sparks (293 N.C. 262, 248 S.E.2d 339) and Wetmore (293 N.C. 262, 248 S.E.2d 338) did, he is not entitled to make a collateral attack on his conviction in a post-conviction proceeding.”
1 later decision quote this exact passagee.g. Cole v. Stevenson
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.