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← 305 N.C. 747 - State v. Calloway

State v. Calloway’s Empirical Analysis

1982

Citation profile

116
cited by 116 later decisions
1
states following
July 2017
most recently cited

2 federal appellate · 114 state decisions

How this case has been cited

Cited by 116 later decisions — most recently July 2017 · most notably State v. Bullard (1984), State v. Bondurant (1983)

2 federal appellate · 114 state decisions

6001982199020002010decided

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

Relies on ITT Gilfillan v. Clayton · Patterson v. Medberry · State v. Johnson · State v. Williams · State v. Atkinson

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

  1. ““(1) want of provocation on the part of the deceased, (2) conduct and statements of the defendant before and after the killing, (3) threats made against the victim by defendant, (4) ill will or previous difficulty between the parties, and (5) evidence that the killing was done in a brutal manner.””
    4 later decisions quote this exact passage
  2. “[w]hether a motion for mistrial should be granted is a matter which rests in the sound discretion of the trial judge, and a mistrial is appropriate only when there are such serious improprieties as would make it impossible to attain a fair and impartial verdict under the law.”
    3 later decisions quote this exact passage
  3. “When such an incident involving an unexpected emotional outburst occurs, the judge must act promptly and decisively to restore order and to erase any bias or prejudice which may have been aroused. Whether it is possible to accomplish this . in a particular case is a question necessarily first addressed to the sound discretion of the trial judge. “Not every disruptive event occurring during the course of trial requires the court automatically to declare a mistrial,” and if in the sound discretion of the trial judge it is possible despite the untoward event, to preserve defendant’s basic right to receive a fair trial before an unbiased jury, then the motion for mistrial should be denied. On appeal, the decision of the trial judge in this regard is entitled to the greatest respect. He is present while the events unfold and is in a position to know far better than the printed record can ever reflect just how far the jury may have been influenced by the events occurring during the trial and whether it has been possible to erase the prejudicial effect of some emotional outburst. Therefore, unless his ruling is clearly erroneous so as to amount to a manifest abuse of discretion, it will not be disturbed on appeal.”
    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.