48 N.C. App. 606 - State v. Turner’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The failure of the trial judge to admonish the jury at an appropriate time in violation of G.S. 15A-1236 does not involve the violation of a constitutional right. Nor do public policy and practical consideration preclude in this case any hearing to determine whether the failure to admonish prejudiced the defendant. It is noted that defendant and his counsel were present in the courtroom when the overnight recess was ordered. If defense counsel was concerned about the failure of the trial judge to admonish the jury, it would have been a simple matter for defense counsel to call to the attention of the judge such failure to admonish. Extending the reversible error per se rule to all violations of Chapter 15A of the General Statutes would result in many new trials for mere technical error, a result not intended by the legislature in light of the provisions of G.S. 15A-1443. We find no merit to defendant’s fourth assignment of error. It is overruled. In his fifth assignment of error, defendant contends the trial court improperly allowed the State, over objection, to elicit improper hearsay testimony from their witness Davis. Specifically, defendant contends it was error to allow two of Davis’s statements into evidence. First, Davis testified that another witness, Riggsbee, called to him and said “someone had broken into the shop.” Davis later testified that during the pursuit of defendant, he “understood that the defendant was heading [in the direction of Washington Street].” We ”

   1 later decision quote this exact passage
   e.g. 52 N.C. App. 713 - State v. Chambers