78 N.C. App. 58 - State v. Rathbone’s Empirical Analysis
1985
Citation profile
36 state decisions
How this case has been cited
Cited by 36 later decisions — most recently April 2014 · most notably State v. Lynch (1993), State v. Bell (1994)
36 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 · Sullivan v. United States · State v. Powell · Morgan Walton Properties, Inc. v. International City Bank & Trust Co. · United States v. McCaskill
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The plain error rule does not negate Rule 10(b)(2) and as is explained in Odom , rarely will an improper instruction which not objected to (or in this case not requested) justify reversal. Instead of the prejudicial error contained in N.C.G.S. § 15A-1443, we must determine whether the jury instruction was erroneous, and if so, whether it had a probable impact on the jury's verdict.”
2 later decisions quote this exact passage“[E]ven if we were to assume, arguendo, that the evidence was insufficient to warrant the `first aggressor' instruction, any error in giving the instruction could not have had a probable impact on the jury's verdict in view of the evidence supporting defendant's use of excessive force.”
1 later decision quote this exact passage“the trial court is to determine whether there is substantial evidence (a) of each essential element of the offense charged, or of a lesser offense included therein, and (b) of defendant's being the perpetrator of the offense.”
1 later decision quote this exact passagee.g. State v. Washington
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.