State v. McHoney’s Empirical Analysis

Citation profile

83 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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant is entitled to a directed verdict when the State fails to produce evidence of the offense charged. State v. Brown, 103 S.C. 437 , 88 S.E. 21 (1916). In reviewing a motion for directed verdict, the trial judge is concerned with the existence of the evidence, not with its weight. State v. Mitchell, 341 S.C. 406 , 535 S.E.2d 126 (2000). On appeal from the denial of a directed verdict, an appellate court must view the evidence in the light most favorable to the State. State v. Burdette, 335 S.C. 34 , 515 S.E.2d 525 (1999); State v. Kelsey, 331 S.C. 50 , 502 S.E.2d 63 (1998). If there is any direct evidence or substantial circumstantial evidence reasonably tending to prove the guilt of the accused, we must find the case was properly submitted to the jury. State v. Pinckney, 339 S.C. 346 , 529 S.E.2d 526 (2000).”

   3 later decisions quote this exact passage
   e.g. State v. Wimbush · State v. Smith

2. “1. The judge erred by allowing into evidence as a dying declaration the victim’s identification of “Sp” as her killer. 2. The judge erred by excluding evidence that appellant had passed a polygraph test when questioned about the victim’s death. 3. The judge erred by denying appellant’s motion for a directed verdict, where the state failed to introduce any substantial evidence that he was guilty of the victim’s murder. 4. The judge erred by instructing the jury that they could not acquit appellant unless “[tjhere is a real possibility that he is not guilty, ‘because this instruction diluted the state’s burden of proving guilt beyond a reasonable doubt.’ ” , 5. The judge erred by allowing the solicitor to ask a leading question of a key state’s witness, which improperly bolstered the credibility of that witness. 6. The judge erred by rejecting the jury’s request to visit the location where a key state’s witness testified he saw appellant driving the victim’s car.”

   1 later decision quote this exact passage
   e.g. 518 F. Supp. 2d 700 - McHoney v. South Carolina

3. “If based on your consideration of the evidence you are firmly convinced that the defendant is guilty of the crimes charged, you must find the defendant guilty. If on the other hand, you think there is a real possibility that the defendant is not guilty, you must give the defendant the benefit of the doubt and find the defendant not guilty.”

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