State v. Clark’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We hold that the question by the prosecuting attorney does not violate any of the rules enunciated in Phillips. It does not fish for answers to legal questions before the judge has instructed the jury. It merely informs the jurors that the State will rely on circumstantial evidence and asks them whether a lack of eyewitnesses could cause them problems. The prosecuting attorney was not arguing with the jury or attempting to establish ‘rapport’ with them. The question was certainly not designed to ask what kind of verdict the jury would render under certain named circumstances. The question is not, as contended by the defendant, improperly argumentative. It does not incorporate within the question assumed facts. The question is not hypothetical. The State did rely to a great degree on circumstantial evidence. It does not improperly ‘precondition’ the jurors to believe there were no eyewitnesses. No eyewitness testified.”

   1 later decision quote this exact passage
   e.g. 128 N.C. App. 294 - State v. Hatfield

2. “Counsel should not fish for answers to legal questions before the judge has instructed the juror on applicable legal principles by which the juror should be guided. Counsel should not argue the case in any way while questioning the jurors. Counsel should not engage in efforts to indoctrinate, visit with or establish ‘rapport’ with jurors. Jurors should not be asked what kind of verdict they would render under certain named circumstances.”

   1 later decision quote this exact passage
   e.g. 128 N.C. App. 294 - State v. Hatfield

3. “after Mr. Givens [witness] had left his employment with a fire extinguisher company he went to customers of the company and represented to them that he was there to inspect the fire extinguishers. When left alone he would steal money if any was in the room.”

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