State v. McMorris’s Empirical Analysis

Citation profile

86 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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t is proper for defendant to advise the jury of the possible consequence of imprisonment following conviction to encourage the jury to give the matter its close attention and to decide it only after due and careful consideration.”

   3 later decisions quote this exact passage
   e.g. 33 N.C. App. 521 - State v. Walters · 165 N.C. App. 547 - State v. Scarlett

2. ““Counsel may, in his argument to the jury, in any case, read or state to the jury a statute or other rule of law relevant to such case, including the statutory provision fixing the punishment for the offense charged. [Citations omitted.] He may not, however, state the law incorrectly or read to the jury a statutory provision which has been declared unconstitutional. [Citations omitted.] Nor may counsel argue to the jury that the law ought to be otherwise, that the punishment provided thereby is too severe and, therefore, the jury should find the defendant not guilty of the offense charged but should find him guilty of a lesser offense or acquit him entirely.””

   2 later decisions quote this exact passage
   e.g. State v. Wilson · State v. Banks

3. “Some twenty[]five years ago a circuit judge restrained a lawyer from arguing the law to the jury, suggesting that the argument of the law ought to be addressed to the court, as the jury had to take the law from the court. Umbrage was taken at that, and the Legislature passed an act allowing counsel to argue both the law and the facts to the jury.””

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