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← 61 NCAPP 155 - State v. Killian

State v. Killian’s Empirical Analysis

1983

Citation profile

8
cited by 8 later decisions
1
states following
May 2019
most recently cited

8 state decisions

Relationships

Relies on State v. Ellis · State v. Thompson · State v. . Johnson · State v. . Summerlin · State v. Bryant

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

  1. “(d) Statement of Charges upon Determination of Prosecutor. — The prosecutor may file a statement of charges upon his own determination at any time prior to arraignment in the district court. It may charge the same offenses as the citation, criminal summons, warrant for arrest, or magistrate’s order or additional or different offenses. (e) Objection to Sufficiency of Criminal Summons . . . — If the defendant by appropriate motion objects to the sufficiency of a criminal summons, warrant for arrest, or magistrate’s order as a pleading, at the time of or after arraignment in the district court or upon trial de novo in the superior court, and the judge rules that the pleading is insufficient, the prosecutor may file a statement of charges, but a statement of charges filed pursuant to this authorization may not change the nature of the offense. (Emphasis supplied.)”
    1 later decision quote this exact passage
  2. “[t]he statement of charges was filed by the prosecutor ' upon his own determination '; and that could only be done 'prior to arraignment in the district court,' not upon trial de novo on appeal to superior court ....”
    1 later decision quote this exact passage
  3. “Thus, the superior court had no jurisdiction to try [D]efendant for the new offense alleged in the statement of charges.”
    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.