State v. Ross’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) it appeared to defendant and he believed it to be necessary to kill the deceased in order to save himself from death or great bodily harm; and (2) defendant’s belief was reasonable in that the circumstances as they appeared to him at that time were sufficient to create such a belief in the mind of a person of ordinary firmness; and (3) defendant was not the aggressor in bringing on the affray, i.e., he did not aggressively and willingly enter into the fight without legal excuse or provocation; and (4) defendant did not use excessive force, i.e. did not use more force than was necessary or reasonably appeared to him to be necessary under the circumstances to protect himself from death or great bodily harm.”

   3 later decisions quote this exact passage
   e.g. State v. Locklear · State v. Presson

2. ““Premeditation” means that the defendant formed the specific intent to kill “ ‘for some length of time, however short,’ ” before committing the murderous act. State v. Joyner, 329 N.C. 211, 215 , 404 S.E.2d 653, 655 (1991) (quoting State v. Biggs, 292 N.C. 328, 337 , 233 S.E.2d 512, 517 (1977)); see also Carter, 335 N.C. at 429 , 440 S.E.2d at 272 . “Deliberation” is defined as an intent to kill formed by defendant in a cool state of blood, and not as a result of a violent passion arising from legally sufficient provocation. Carter, 335 N.C. at 429 , 440 S.E.2d at 272 ; [State v.] McAvoy, 331 N.C. [583,] 589, 417 S.E.2d [489,] 494 [(1992)].”

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