State v. Gwynn’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. “when the state proceeds on a first-degree murder theory of felony murder only, the trial court must instruct on all lesser-included offenses “[i]f the evidence of the underlying felony supporting felony murder is in conflict and the evidence would support a lesser-included offense of first-degree murder.” Conversely, when the state proceeds on a theory of felony murder only, the trial court should not instruct on lesser-included offenses “ [i]f the evidence as to the underlying felony supporting felony murder is not in conflict and all the evidence supports felony murder.””

   1 later decision quote this exact passage
   e.g. 198 N.C. App. 22 - State v. Yarborough

2. “(1) an unlawful taking or an attempt to take personal property from the person or in the presence of another; (2) by use or threatened use of a firearm or other dangerous weapon; (3) whereby the life of a person is endangered or threatened.”

   1 later decision quote this exact passage
   e.g. 196 N.C. App. 178 - State v. Bethea

3. “turns on whether the evidence of [the underlying felony] was in conflict.”

   1 later decision quote this exact passage
   e.g. 248 N.C. App. 252 - State v. Frazier