State v. Bacon’s Empirical Analysis
1994
Citation profile
186 state decisions
How this case has been cited
Cited by 191 later decisions — most recently October 2010 · most notably State v. Golphin (2000), State v. Wallace (2000)
186 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 10 U.S.C. § 1475 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Woodson v. North Carolina · Simmons v. South Carolina · Nebraska v. Wyoming · California v. Brown
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 191 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Because the “proportionality pool” is limited to cases involving first-degree murder convictions, a post-conviction proceeding which holds that the State may not prosecute the defendant for first-degree murder or results in a retrial at which the defendant is acquitted or found guilty of a lesser included offense results in the removal of that case from the “pool.” When a post-conviction proceeding results in a new capital trial or sentencing proceeding, which, in turn, results in a life sentence for a “death-eligible” defendant, the case is treated as a “life” case for purposes of proportionality review. The case of a defendant sentenced to life imprisonment at a resentencing proceeding ordered in a post-conviction proceeding is similarly treated. Finally, the case of a defendant who is either convicted of first-degree murder and sentenced to death at a new trial or sentenced to death in a resentencing proceeding ordered in a post-conviction proceeding, which sentence is subsequently affirmed by this Court, is treated as a “death-affirmed” case.”
11 later decisions quote this exact passagee.g. State v. Keel · State v. Basden“North Carolina Rules of Evidence permit broad cross-examination of expert witnesses. N.C.G.S. § 8C-1, Rule 611(b) (1992). The State is permitted to question an expert to obtain further details with regard to his testimony on direct examination, to impeach the witness or attack his credibility, or to elicit new and different evidence relevant to the case as a whole. “ ‘The largest possible scope should be given,’ and ‘almost any question’ may be put ‘to test the value of his testimony.’ ” 1 Henry Brandis, Jr., Brandis on North Carolina Evidence § 42 (3d ed. 1988) (footnotes omitted) (citations omitted).”
6 later decisions quote this exact passage“In essence, our task on proportionality review is to compare the case at bar with other cases in the pool which are roughly similar with regard to the crime and the defendant, such as, for example, the manner in which the crime was committed and the defendant’s character, background, and physical and mental condition.”
6 later decisions quote this exact passagee.g. State v. Keel · State v. Ward
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.