State v. Williams’s Empirical Analysis
1978
Citation profile
96 state decisions
How this case has been cited
Cited by 96 later decisions — most recently August 2013 · most notably State v. Gardner (1986), State v. Johnson (1979)
96 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 2113 · 18 U.S.C. § 924
Relies on In the Matter of Samuel Winship · Brown v. Ohio · Mullaney v. Wilbur · Williams v. People of State of New York · Patterson v. New York
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Normally a jury need only determine whether a defendant has committed the substantive offense of kidnapping as defined in G.S. 14-39(a). The factors set forth in subsection (b) relate only to sentencing; therefore, their existence or non-existence should properly be determined by the trial judge. The judge may make such a determination from evidence adduced at the trial of the kidnapping case itself or at the sentencing hearing provided for in G.S. 15A-1334 following the trial, or at both proceedings. If at either or both proceedings evidence of the existence of the mitigating factors has been presented, the judge must consider this and all other evidence bearing on the question. If the judge is satisfied by a preponderance of the evidence, the burden being upon the defendant to so satisfy him, that the kidnapping victim was released in a safe place and was neither sexually assaulted nor seriously injured, he shall so find and may not then impose a sentence on the kidnapping conviction of more than 25 years or a fine of up to $10,000, or both. If the judge is not so satisfied, he must so state on the record in which case he may impose a sentence of not less than 25 years nor more than life imprisonment. If no evidence either at trial or at the sentencing hearing is adduced tending to show the existence of the mitigating factors then the judge, without making findings, may pro ceed to impose a sentence of not less than 25 years nor more than life imprisonment. * * * We note on”
2 later decisions quote this exact passage“(a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of: (1) Holding such other person for ransom or as a hostage or using such other person as a shield; or (2) Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; or (3) Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person. (b) Any person convicted of kidnapping shall be guilty of a felony and shall be punished by imprisonment for not less than 25 years nor more than life. If the person kidnapped, as defined in subsection (a), was released by the defendant in a safe place and had not been sexually assaulted or seriously injured, the person so convicted shall be punished by imprisonment for not more than 25 years, or by a fine of not more than ten thousand dollars ($10,000), or both, in the discretion of the court.”
2 later decisions quote this exact passagee.g. State v. Bright · State v. Brady“I charge that for you to find James Elliott Price guilty of first degree kidnapping, the State of North Carolina must prove five things to you beyond a reasonable doubt, as I have defined that term to you. First, the State must prove that the defendant unlawfully either confined [the victim] — that is, imprisoned [the victim] at any given area such as the house at 204 Pritchard Street here in Elizabeth City or that the defendant unlawfully restrained [the victim]. That is, restricted her freedom of movement by force, or that the defendant unlawfully removed [the victim] from one place to another. Secondly, that [the victim] had not reached her 16th birthday and that her mother did not consent to this confinement or restraint or removal. Thirdly, that the defendant confined or restrained or removed [the victim] for the purpose of facilitating his commission of the felony of rape. Fourthly, that this confinement or restraint or removal was a separate complete act independent of and apart from any rape subsequently or any rape which might have occurred subsequently. And, fifthly, that [the victim] has been sexually assaulted.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.