177 N.C. App. 681 - State v. McCollum’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether the prosecutor's argument was ... grossly improper, this Court must examine the argument in the context in which it was given and in light of the overall factual circumstances to which it refers.”

   2 later decisions quote this exact passage
   e.g. State v. Mills · 243 N.C. App. 394 - State v. Carvalho

2. “In other words, the reviewing court must determine whether the argument in question strayed far enough from the parameters of propriety that the trial court, in order to protect the rights of the parties and the sanctity of the proceedings, should have intervened on its own accord and: (1) precluded other similar remarks from the offending attorney; and/or (2) instructed the jury to disregard the improper comments already made.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Mills

3. “[T]he impropriety of the argument must be gross indeed in order for this Court to hold that a trial judge abused his discretion in not recognizing and correcting ex mero motu an argument which defense counsel apparently did not believe was prejudicial when he heard it.”

   1 later decision quote this exact passage
   e.g. 243 N.C. App. 394 - State v. Carvalho