78 N.C. App. 514 - State v. McNeill’s Empirical Analysis
1985
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently August 2007 · most notably 185 N.C. App. 227 - State v. Wood (2007), 149 N.C. App. 462 - State v. Napier (2002)
25 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 State v. Odom · State v. Dobbins · State v. Connor · Hines v. United States · White v. United States
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) It shall be unlawful for any person who has been convicted of any crime set out in subsection (b) of this section to purchase, own, possess, or have in his custody, care, or control any handgun or other firearm with a barrel length of less than 18 inches or an overall length of less than 26 inches, or any weapon of mass death and destruction as defined in G.S. 14-288.8(c), within five years from the date of such conviction, or the unconditional discharge from a correctional institution, or termination of a suspended sentence, probation, or parole upon such conviction, whichever is later. Every person violating the provisions of this section shall be punished as a Class I felon. Nothing in this subsection would prohibit the right of any person to have possession of a firearm within his own home or on his lawful place of business. (b) Prior convictions which cause disentitlement under this section shall only include: (1) Felonious violations of Articles 3, 4, 6, 7A, 8, 10, 13, 14, 15, 17, 30, 33, '36, 36A, 52A, or 53 of Chapter 14 of the General Statutes, or of Article 5 of Chapter 90 of the General Statutes; (2) Common law robbery and common law maim; and (3) Violations of criminal laws of other states or of the United States substantially similar to the crimes covered in subdivisions (1) and (2) which are punishable where committed by imprisonment for a term exceeding two years. * * * * (c) The indictment charging the defendant under the terms of this section shall be sep”
3 later decisions quote this exact passage“By using the words “within his own home” in the exception, as opposed to some broader terminology, the Legislature clearly expressed its intent to limit the applicability of the exception to the confines and privacy of the convicted felon’s own premises, over which he has dominion and control to the exclusion of the public.”
2 later decisions quote this exact passage“A defendant who is charged with [possession of a firearm by a convicted felon] and seeks to utilize the exception has the burden of bringing himself within the exception. Absent any evidence that defendant is within the exception of the statute, the State is required to prove only that defendant possessed a handgun within five years of his conviction of or release from prison for a felony specified in N.C. Gen. Stat. § 14-415.1 (b).”
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.