State v. Buchanan’s Empirical Analysis

Citation profile

109 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 111 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Of course, ordinarily, it is not possible to prove premeditation and deliberation by direct evidence. Therefore these elements of first-degree murder must be established by proof of circumstances from which they may be inferred. [Citations omitted.] Among the circumstances to be considered by the jury in determining whether a killing was with premeditation and deliberation are: Want of provocation on the part of the deceased; the conduct of the defendant before and after the killing; the use of grossly excessive force; or the dealing of lethal blows after the deceased has been felled.” State v. Buchanan, 287 N.C. 408, 420-21 , 215 S.E. 2d 80, 87-88 (1975).”

   4 later decisions quote this exact passage
   e.g. State v. Zuniga · State v. Shepherd

2. “Premeditation means thought beforehand for some length of time, however short. However, since the intent to kill must be turned over in the mind in order for the process of premeditation and deliberation to transpire, it is clear that some period of time must necessarily elapse. The true test is not the duration of time as much as it is the extent of the reflection. For premeditation the killer must ask himself the question, “Shall I kill him?” The intent to kill aspect of the crime is found in the answer, “Yes, I shall.” The deliberation part of the crime requires a thought like, “What about the consequences? Well, I’ll do it anyway.” Though the mental process constituting premeditation and deliberation may require only a moment of thought, the State must still satisfy you beyond a reasonable doubt that the Defendant, Ervy Lee Jones, Jr., weighed and balanced the matter of killing Nanette Groves in his mind long enough to consider the reason or motive which caused him to shoot Nanette Groves and to form a fixed purpose of fixed design in his mind to kill Nanette Groves in order to accomplish his purpose or motive for killing him [sic].”

   1 later decision quote this exact passage
   e.g. State v. Jones

3. “We emphasize again that although it is for the jury to determine, from the evidence, whether a killing was done with premeditation and deliberation, the mere possibility of a negative finding does not, in every case, assume that defendant could be guilty of a lesser offense. Where the evidence belies anything other than a premeditated and deliberate killing, a jury's failure to find all the elements to support a verdict of guilty of first degree murder must inevitably lead to the conclusion that the jury disbelieved the State's evidence and that defendant is not guilty. The determinative factor is what the State's evidence tends to prove. If the evidence is sufficient to fully satisfy the State's burden of proving each and every element of the offense of murder in the first degree, including premeditation and deliberation, and there is no evidence to negate these elements other than defendant's denial that he committed the offense, the trial judge should properly exclude from jury consideration the possibility of second degree murder.”

   1 later decision quote this exact passage
   e.g. State v. Cummings