95 N.C. App. 565 - State v. Godwin’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant may be permitted at his election to proceed in the trial of his case without the assistance of counsel only after the trial judge makes a thorough inquiry and is satisfied that the defendant: (1) Has been clearly advised of his right to the assistance of counsel, including his right to the assignment of counsel when he is so entitled; (2) Understands and appreciates the consequences of his decision; and (3) Comprehends the nature of the charges and proceedings and the range of permissible punishments.”

   2 later decisions quote this exact passage
   e.g. 248 N.C. App. 729 - State v. Garrison · 132 N.C. App. 697 - State v. Hyatt

2. “The presence of an alternate juror in the jury room at any time during the jury’s deliberations will void the trial. The alternate has participated by his presence; and the court will conduct no inquiry into the nature or extent of his participation. However, if through inadvertence, the alternate retires with the jury at the time the case is submitted to it, and his presence in the jury room is discovered so promptly that the trial judge believes it probable no deliberations have begun, he may recall the jury and the alternate and make the limited inquiry whether there has been any discussion of the case or comment with reference to what the verdict should be. If the answer is YES, the judge must declare a mistrial; if the answer is NO, the jury will retire to begin its deliberations.”

   1 later decision quote this exact passage
   e.g. 118 N.C. App. 240 - State v. Jernigan

3. “[t]he inquiry is a mandatory one, and failure to conduct it is prejudicial error.”

   1 later decision quote this exact passage
   e.g. 248 N.C. App. 729 - State v. Garrison