67 N.C. App. 549 - State v. Mitchell’s Empirical Analysis
1984
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently November 2016 · most notably 78 N.C. App. 753 - State v. Daye (1986), 157 N.C. App. 90 - State v. Hargett (2003)
28 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on North Carolina v. Pearce · State v. Ahearn · 66 N.C. App. 298 - State v. Baucom · 62 N.C. App. 21 - State v. Mitchell · 38 N.C. App. 108 - State v. Lewis
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"For all intents and purposes the resentencing hearing is de novo as to the appropriate sentence. On resentencing the judge makes a new and fresh determination of the presence in the evidence of aggravating and mitigating factors. The judge has discretion to accord to a given factor either more or less weight than a judge, or the same judge, may have given at the first hearing. However, in the process of weighing and balancing the factors found on rehearing the judge cannot impose a sentence greater than the original sentence."”
6 later decisions quote this exact passage“These two aggravating factors were among those found at the first hearing. In the first appeal these same factors were analyzed and found to be without error. Thus, under the doctrine of the law of the case the earlier ruling of approval is binding upon us.”
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.