State v. Moore’s Empirical Analysis

Citation profile

1 federal appellate · 82 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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, entrapment, or accident.”

   3 later decisions quote this exact passage
   e.g. 177 N.C. App. 691 - State v. Summers · 258 N.C. App. 150 - State v. Weldon

2. ““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.”

   1 later decision quote this exact passage
   e.g. 119 N.C. App. 328 - State v. Parker

3. ““[t]he gravamen of the pecuniary gain aggravating circumstance is that ‘the killing was for the purpose of getting money or something of value.’ ” State v. Jennings, 333 N.C. 579, 621 , 430 S.E.2d 188, 210 (quoting State v. Gardner, 311 N.C. 489, 513 , 319 S.E.2d 591, 606 (1984), cert. denied, 469 U.S. 1230 , 84 L. Ed. 2d 369 (1985))[, cert. denied, 510 U.S. 1028 , 126 L. Ed. 2d 602 (1993)]. This aggravating circumstance considers defendant’s motive and is appropriate where the impetus for the murder was the expectation of pecuniary gain. For purposes of determining the sufficiency of the evidence, the evidence must be considered in the light most favorable to the State, and the State is entitled to every reasonable inference to be drawn therefrom.”

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