State v. Price’s Empirical Analysis

Citation profile

90 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 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a number of factors, among them the temporal proximity of the events to one another, a recurrent modus operandi and motivation by the same reasons.”

   3 later decisions quote this exact passage
   e.g. State v. Lee · State v. Cummings

2. “While it is generally true that counsel’s argument should not be impaired without good reason, Watson v. White, 309 N.C. 498, 507 , 308 S.E.2d 268, 274 (1983), one “good reason” to limit argument is its irrelevance. “[C]ounsel [may not] argue principles of law not relevant to the case.” State v. Monk, 286 N.C. 509, 515 , 212 S.E.2d 125, 131 (1975). This Court has noted many times that a criminal defendant’s status under the parole laws is irrelevant to a determination of his sentence and that it cannot be considered by the jury during sentencing. E.g., State v. Robbins, 319 N.C. at 518, 356 S.E.2d at 310. That this holding passes muster under the United States Constitution is implicit in the United States Supreme Court’s recognition that “[m]any state courts have held it improper for the jury to consider or to be informed — through argument or instruction — of the possibility of commutation, pardon or parole.” California v. Ramos, 463 U.S. 992 , 1013 n.30, 77 L. Ed. 2d 1171 , 1188 n.30 (1983) (quoted in Robbins, 319 N.C. at 520, 356 S.E.2d at 311). In other words, the Constitution permits such argument or instruction, but it is not constitutionally required. Robbins, 319 N.C. at 519, 356 S.E.2d at 311. Argument concerning the effect of consecutive life sentences upon the period of a defendant’s incarceration is, in another guise, argument about the legal effect of parole upon defendant’s sentence. It is equally irrelevant to a determination of his sentence. The trial court ac”

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

3. “The COURT: Ladies and gentlemen of the jury, let me say this to you. All of us have a considerable amount of time in this case. I know that you have been diligent in your deliberations. As I told you yesterday, it is your duty to decide from the evidence what the facts are, and you must then follow the law which I gave you concerning punishment as to those facts. This is important, because justice requires that everyone who is sentenced for first degree murder has the sentence recommendation determined in the same manner and have the same law applied to him. It is your duty to reason the matters over together as reasonable men and woman, to listen to one another’s viewpoints and to deliberate with a view to reaching an agreement without violence to individual judgment. Each of you must decide the case for yourself but only after an impartial consideration of the evidence with your fellow jurors. In the course of your deliberations, each of you should not hesitate to reexamine your own views and change your opinion if it is erroneous. I caution each of you not to surrender your honest convictions as to the weight or effect of the evidence, or do violence to your conscience, or compromise to your convictions solely because of the opinions of your fellow jurors, or for the mere purpose of making a recommendation. I’m going to ask you to continue on with your deliberations and see if you can arrive at a recommendation.”

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