State v. McNeil’s Empirical Analysis

Citation profile

76 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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This Court has found the death sentence disproportionate in seven cases. State v. Benson, 323 N.C. 318 , 372 S.E.2d 517 (1988); State v. Stokes, 319 N.C. 1 , 352 S.E.2d 653 (1987); State v. Rogers, 316 N.C. 203 , 341 S.E.2d 713 (1986), overruled on other grounds, State v. Vandiver, 321 N.C. 570 , 364 S.E.2d 373 (1988); State v. Young, 312 N.C. 669 , 325 S.E.2d 181 (1985); State v. Hill, 311 N.C. 465 , 319 S.E.2d 163 (1984); State v. Bondurant, 309 N.C. 674 , 309 S.E.2d 170 (1983); and State v. Jackson, 309 N.C. 26 , 305 S.E.2d 703 (1983). In none of these cases was the defendant convicted of more than one murder.”

   2 later decisions quote this exact passage
   e.g. State v. Price · State v. McHone

2. “[b]ecause defendant did not object to the portions of the argument to which he now assigns error, `review is limited to an examination of whether the argument was so grossly improper that the trial [court] abused [its] discretion in failing to intervene ex mero motu. '”

   2 later decisions quote this exact passage
   e.g. State v. Quesinberry · State v. McLaughlin

3. “You are justice. The eyes of Stokes County are on you. You[] are the conscience of our justice system. You are that justice system. What will you do with Carl Stephen Moseley, a multiple killer? It’s time we say, it’s time for this jury to send a message to the community. [Defendant]: Objection. The Court: Objection overruled. [Prosecutor]: What will your verdict be? Send a message to them that this kind of thing can’t be tolerated. That this kind of thing can’t be done and just let go. You[] are the moral conscience of this community. I ask you to send a message. [Defendant]: Objection. The Court: Overruled. [Prosecutor]: The eyes of the community are upon you. Why is this case less deserving of [the] extreme punishment of death? I can’t think of a single reason why. I can’t think of a single true mitigating circumstance that would save his life under any circumstances. ... Do something about it. Don’t throw away a life like an old shoe. That’s what’s wrong with this country. [Defendant]: Objection. The Court: Overruled. [Prosecutor]: That’s what’s wrong with this system. It’s time we did something. It’s time we had the back bone and the courage to do what’s the right thing. [Defendant]: Objection. The Court: Overruled. [Prosecutor]: Sometimes it’s the hard thing. In these hot seats that you sit in now I understand it’s not easy. I won’t ask you to take his life. But I will tell you this, ladies and gentlemen of the jury, that somewhere, somewhere when this trial is over you”

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