In Re DQW’s Empirical Analysis
2004
Citation profile
5
cited by 5 later decisions
1
states following
August 2017
most recently cited
5 state decisions
Relationships
Relies on Ungar v. Sarafite · 156 N.C. App. 533 - In Re Humphrey · State v. Tolley · Trustees of Rowan Technical College v. J. Hyatt Hammond Associates Inc. · State v. Roper
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Ordinarily, a motion to continue is addressed to the discretion of the trial court, and absent a gross abuse of that discretion, the trial court’s ruling is not subject to review.” State v. Taylor, 354 N.C. 28, 33 , 550 S.E.2d 141, 146 (2001) (citing State v. Searles, 304 N.C. 149, 153 , 282 S.E.2d 430, 433 (1981)). “ ‘Continuances are not favored and the party seeking a continuance has the burden of showing sufficient grounds for it. The chief consideration is whether granting or denying a continuance will further substantial justice.’ ” In re Humphrey, 156 N.C. App. 533, 538 , 577 S.E.2d 421, 425 (2003) (quoting Doby v. Lowder, 72 N.C. App. 22, 24 , 324 S.E.2d 26, 28 (1984)). “However, if ‘a motion to continue is based on a constitutional right, then the motion presents a question of law which is fully reviewable on appeal.’” State v. Jones, 342 N.C. 523, 530-31 , 467 S.E.2d 12, 17 (1996) (quoting State v. Covington, 317 N.C. 127, 129 , 343 S.E.2d 524, 526 (1986)).”
1 later decision quote this exact passage““To establish that the trial court’s failure to give additional time to prepare constituted a constitutional violation, defendant must show ‘how his case would have been better prepared had the continuance been granted or that he was materially prejudiced by the denial of his motion.’ ‘[A] motion for a continuance should be supported by an affidavit showing sufficient grounds for the continuance.’ ‘ “[A] postponement is proper if there is a belief that material evidence will come to' light and such belief is reasonably grounded on known facts.” ’ ””
1 later decision quote this exact passage
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.