57 N.C. App. 444 - State v. Wilson’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Joinder of Offenses. — Two or more offenses may be joined in one pleading or for trial when the offenses . . . are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. . . . (c) Failure to Join Related Offenses. (1) When a defendant has been charged with two or more offenses joinable under subsection (a) his timely motion to join them for trial must be granted unless the court determines ... for some other reason, the ends of justice would be defeated if the motion were granted. . . .”

   4 later decisions quote this exact passage
   e.g. 73 N.C. App. 662 - State v. Parrish · 67 N.C. App. 223 - State v. Brown

2. “To be relevant, evidence must have some logical tendency to prove a fact at issue in the case. “[E]vidence is competent and relevant if it is one of the circumstances surrounding the parties, and necessary to be known, to properly understand their conduct or motives, or if it reasonably allows the jury to draw an inference as to a disputed fact.” One of the essential elements of the crimes with which defendant was charged was intent to cheat and defraud at the time defendant represented . . . that he would assist them in obtaining houses. Evidence that defendant previously had represented to some five other parties that he would help them obtain houses, and that they had neither obtained houses nor received their money back, was relevant to show defendant’s fraudulent intent in his transactions with the [victims].”

   1 later decision quote this exact passage
   e.g. 99 N.C. App. 16 - State v. Melvin

3. ““In ruling upon a motion for joinder, the trial judge should consider whether the accused can be fairly tried upon more than one charge at the same trial. If such consolidation hinders or deprives the accused of his ability to present his defense, the cases should not be consolidated. [On appellate review,] [i]n determining whether defendant has been prejudiced, the question posed is whether the offenses are so separate in time and place and so distinct in circumstances as to render a consolidation unjust and prejudicial to an accused. However, it is well established that the motion to join is addressed to the sound discretion of the trial judge and his ruling will not be disturbed absent a showing of abuse of discretion. ...””

   1 later decision quote this exact passage
   e.g. 139 N.C. App. 18 - State v. Bowen