State v. Gray’s Empirical Analysis

Citation profile

4 federal appellate · 44 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Each of the witnesses testified as to the victim’s ‘state of mind,’ that she was in fear for her life. The factual circumstances surrounding her statements of emotion serve only to demonstrate the basis for the emotions. Each of the witnesses testified that the victim had stated with specific reason and generally that she was scared of the defendant.”

   2 later decisions quote this exact passage
   e.g. 152 N.C. App. 479 - State v. Marecek · 130 N.C. App. 303 - State v. Marecek

2. “On [the evening of] 24 November 1992, [Mrs. Gray] went to [Gray’s] house to leave their children after they had visited with her. [Gray] went outside and got into [Mrs. Gray’s] Jeep. An eyewitness, who had been jogging on the street in front of [Gray’s] house, testified that he observed a Jeep in the street. He heard screaming and yelling coming from the Jeep. He saw a woman break from the Jeep and run up the driveway. The man, whom the witness identified as [Gray], also ran from the vehicle. [Gray] then tackled the woman and straddled her. The two people were on the ground struggling, with [Gray] on top of [Mrs. Gray], The witness stopped and asked what was going on, and [Gray] told him to leave. [Mrs. Gray] said, “Mister, please don’t leave. If you leave, he’ll kill me.” The jogger then heard a shot, and [Gray] ran behind the house. [Mrs. Gray] was shot in the head. She died from this wound. [She] also suffered injuries from a stun-gun and a beating apparently with the butt of a pistol.”

   1 later decision quote this exact passage
   e.g. Gray v. Branker

3. “First, was this murder committed against a witness against the defendant while engaged in the performance of her official duties. A murder is so committed, ladies and gentlemen, if at the time the defendant kills the victim, the victim is a witness against the defendant and is at that time engaged in their performance of an official duty. An official duty is anything which is necessary for a witness to do in his capacity as a witness against the defendant. Making a complaint which leads to the issuance of charges and waiting to testify in that case pursuant to subpoena constitutes the performance of an official duty of a witness. If you find from the evidence beyond a reasonable doubt that when the defendant killed the victim, the victim was a witness against the defendant and at that time was engaged in an official duty, you would find this aggravating circumstance ....”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Long