State v. Ball’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “standard is whether the juror’s views would “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.” . . . [Determinations of juror bias cannot be reduced to question-and-answer sessions which obtain results in the manner of a catechism. . . . [M]any veniremen simply cannot be asked enough questions to reach the point where their bias has been made “unmistakably clear” .... Despite this lack of clarity in the printed record, however, there will be situations where the trial judge is left with the definite impression that a prospective juror would be unable to faithfully and impartially apply the law. . . . [TJhis is why deference must be paid to the trial judge who sees and hears the juror.”

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

2. “To convict a defendant of burglary, `the State's evidence must show that there was a breaking and entering during the nighttime of a dwelling or sleeping apartment with intent to commit a felony therein.... If the burglarized dwelling is occupied it is burglary in the first degree.'”

   1 later decision quote this exact passage
   e.g. 138 N.C. App. 495 - State v. Cooper

3. “'The finding of premeditation and deliberation indicates a more cold-blooded and calculated crime.'”

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