153 N.C. App. 231 - State v. Kemp’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] trial court must consider evidence of mitigating factors and may depart from the presumptive range of sentencing in its discretion. The defendant bears the burden of proving mitigating circumstances by a preponderance of the evidence. A sentencing judge must find a statutory mitigating sentence factor if it is supported by a preponderance of the evidence. A mitigating factor is proven when the evidence is substantial, uncontradicted, and there is no reason to doubt its credibility. The trial court has wide latitude in determining the existence of mitigating factors.”

   2 later decisions quote this exact passage
   e.g. 194 N.C. App. 372 - State v. Brito · 181 N.C. App. 608 - State v. Caldwell

2. “Regarding defendant’s community support system, [t]estimony demonstrating the existence of a large family in the community and support of that family alone is insufficient to demonstrate the separate mitigating factor of a community support system. One witness’ conclusory testimony as to the existence of a support structure is unsubstantial and insufficient to clearly establish the factor and does not compel a finding of the mitigating factor.”

   1 later decision quote this exact passage
   e.g. 159 N.C. App. 252 - State v. Wiggins

3. “'the trial court must consider evidence of aggravating and mitigating factors' offered by the parties, even if a presumptive sentence is ultimately imposed.”

   1 later decision quote this exact passage
   e.g. 250 N.C. App. 225 - State v. Hardy