59 N.C. App. 418 - State v. Bennett’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[O.S. 15A-1231(b)] clearly contemplates that defendant was required to request an instruction conference as a prerequisite for assigning error to the trial court’s failure to conduct one. Pursuant to the provisions of G.S. 7A-34, Rule of Practice 21 must give way to the provisions of the statute. Defendant not having requested an instruction conference, he cannot assert as error the trial court’s failure to conduct one, nor did this conduct of the trial court excuse defendant’s failure to enter a contemporaneous objection to the disputed instruction.”

   1 later decision quote this exact passage
   e.g. State v. Morris

2. “[T]he trial court’s inquiry was sufficient to provide defendant an opportunity to approach the court and object outside the hearing of the jury and therefore constituted substantial compliance with that portion of Rule 21 which requires an opportunity to object outside the hearing of the jury.”

   1 later decision quote this exact passage
   e.g. State v. Morris