Carter v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he jury could have determined that Carter fired at the co-defendants solely as the result of a sudden, violent, and irresistible passion resulting from the co-defendants’ provocative act of shooting at him, thus mitigating his offense and rendering him guilty of voluntary manslaughter as a lesser included offense of felony murder. Along those lines, the jury could also have logically found that Carter was not guilty of malice murder because he did not intend to kill the victim, and was not guilty of voluntary manslaughter as a lesser included offense of malice murder because the victim did not provoke him to act.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Carter v. State

2. “[a] repugnant or mutually exclusive verdict [as] one in which the jury, in order to find the defendant guilty on both counts , necessarily reached two positive findings of fact that cannot logically mutually exist.”

   1 later decision quote this exact passage
   e.g. 348 Ga. App. 643 - SMITH v. the STATE.