State v. Monroe’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a. [Defendant's] testimony that he only grabbed the gun from Wardell when he heard guns being cocked, and threw it back to Wardell when he was able to run away supported the first element of the defense: That he only possessed the gun during the time he was under an unlawful and present imminent and impending threat of death or serious bodily injury ; b. The evidence was uncontroverted that the Mingos came to [defendant's] premises as aggressors, intending to fight, and [defendant's] testimony that when he got out of his car they were already there seeking a fight supported the second element of the defense: That he did not negligently or recklessly place himself in this situation where he would be forced to engage in criminal conduct; c. [Defendant's] testimony that he continually used words, trying to "plead his case," in responding to the aggressors and that he only resorted to grabbing the gun from Wardell when he heard guns being cocked supported the third element of the defense: That he had no reasonable alternative to violate the law ; and d. [Defendant's] testimony that he only took possession of the gun when he heard guns being cocked and relinquished possession when he was able to run away supported the fourth element of the defense: That there was a direct causal relationship between the criminal action and the avoidance of the threatened harm .”

   1 later decision quote this exact passage · from the dissent
   e.g. 260 N.C. App. 649 - State v. Mercer

2. “[The] [d]efendant's subsequent contentions are that Davis "had instigated violence against [the] [d]efendant before," and that remaining inside Gordon's residence would have been "no protection" because Davis had previously "barged in" to a residence where [the] [d]efendant was located. However, the evidence does not compel a conclusion that, while inside the residence, [the] [d]efendant was under unlawful and present, imminent, and impending threat of death or serious bodily injury. ... We thus cannot rely on the mere possibilities that (1) Davis may have been about to enter the residence and (2) that Davis then would have threatened death or serious bodily injury to [the] [d]efendant. [The] [d]efendant has failed to show that he was under "unlawful and present, imminent, and impending threat of death or serious bodily injury" at the time he took possession of the firearm.”

   1 later decision quote this exact passage · from the dissent
   e.g. 260 N.C. App. 649 - State v. Mercer

3. “going to stay out here until the door come open”

   1 later decision quote this exact passage · from the dissent
   e.g. 260 N.C. App. 649 - State v. Mercer