State v. Jones’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A person has the right to use deadly force in the defense of his habitation in order to prevent a forcible entry, even if the intruder is not armed with a deadly weapon, where the attempted forcible entry is made under such circumstances that the person reasonably apprehends death or great bodily harm to himself or the occupants of the home at the hands of the assailant or believes that the assailant intends to commit a felony.”

   2 later decisions quote this exact passage
   e.g. 105 N.C. App. 518 - State v. Marshall · 47 N.C. App. 280 - State v. McGee

2. “The essential elements of second degree murder then are these: First, that the Defendant intentionally and with malice killed the victim with a deadly weapon. So you would want to know what we mean by intentionally and what we mean by malice. An intentional killing refers not to the presence of a specific intent to kill, but rather to the fact that the act which resulted in death is intentionally committed and is an act of assault which in itself amounts to a felony, or is likely to cause death or serious bodily injury. The trial court, in instructing on self-defense, stated that defendant[] would be excused of second degree murder on the grounds of self[-] defense if: first, it appeared to him, and he rea sonably believed it to be necessary to kill the victim in order to save himself from death or great bodily harm at the hands of Brian, as you consider his case, or at the hands of Barry, as you consider his case; and, second, that the physical circumstances, physical facts and circumstances as they appeared to the Defendant at the time, were sufficient to create such a belief in the mind of a person of ordinary [firmness].”

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

3. “(1) it appeared to defendant and he believed it to be necessary to kill the deceased in order to save himself from death or great bodily harm; and (2) defendant’s belief was reasonable in that the circumstances as they appeared to him at the time were suffi cient to create such a belief in the mind of a person of ordinary firmness; and (3) defendant was not the aggressor in bringing on the affray, i.e., he did not aggressively and willingly enter into the fight without legal excuse or provocation; and (4) defendant did not use excessive force, i.e., did not use more force than was necessary or reasonably appeared to him to be necessary under the circumstances to protect himself from death or great bodily harm.”

   1 later decision quote this exact passage
   e.g. 113 N.C. App. 427 - State v. Irby