79 N.C. App. 656 - State v. Haislip’s Empirical Analysis

Citation profile

20 state decisions

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

1. “(a) A defendant has the right to suppress the use of a prior conviction that was obtained in violation of his right to counsel if its use by the State is to impeach the defendant or if its use will: (1) Increase the degree of crime of which the defendant would be guilty; or (2) Result in a sentence of imprisonment that otherwise would not be imposed; or (3) Result in a lengthened sentence of imprisonment. (c) When a defendant has moved to suppress use of a prior conviction under the terms of subsection (a), he has the burden of proving by the preponderance of the évidence that the conviction was obtained in violation of his right to counsel. To prevail, he must prove that at the time of the conviction [1] he was indigent, [2] had no counsel, and [3] had not waived his right to counsel. If the defendant proves that a prior conviction was obtained in violation of his right to counsel, the judge must suppress use of the conviction at trial or in any other proceeding if its use will contravene the provisions of subsection (a).”

   1 later decision quote this exact passage
   e.g. 153 N.C. App. 203 - State v. Rogers

2. “) (citing State v. Albert, 312 N.C. 567, 579 , 324 S.E.2d 233, 240-41 (1985)). The only”

   1 later decision quote this exact passage
   e.g. In Re DL

3. “statement by defendant's counsel ... is not evidence”

   1 later decision quote this exact passage
   e.g. In Re DL