81 N.C. App. 578 - State v. MacK’s Empirical Analysis
1986
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently February 2019
19 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 Miranda v. State of Arizona Vignera · Rhode Island v. Innis · Bowsher v. Merck & Co. · State v. Odom · Sullivan 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]here are numerous possible other scenarios, and the one which defendant advances is plausible, if not supported by much of the evidence. But, to hold that the trial court must grant a motion to dismiss unless, in the opinion of the court, the evidence excludes every reasonable hypothesis of innocence would in effect constitute the presiding judge the trier of facts.... Proof of guilt beyond a reasonable doubt is required before the jury can convict.... What the evidence proves or fails to prove is a question of fact for the jury. [ State v. ]Powell, 299 N.C. [95,] 101, 261 S.E.2d [114,] 118-19 (1980) (quoting State v. Stephens, 244 N.C. 380 , 93 S.E.2d 431 (1956) ).”
2 later decisions quote this exact passage“Failure to set aside the verdict ex mero motu [is] reviewable only in the situation in which the jury’s verdict is manifestly unjust and against the greater weight of the evidence. If there is sufficient evidence to support the verdict, the trial judge has acted within his or her discretion in denying the motion, or in failing to act sua sponte to set it aside.”
1 later decision quote this exact passage · from the majority“The essential elements of [driving while impaired] are: (1) Defendant was driving a vehicle; (2) upon any highway, any street, or any public vehicular area within this State; (3) while under the influence of an impairing substance.”
1 later decision quote this exact passagee.g. State v. Sadler
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.