State v. Lemons’s Empirical Analysis

Citation profile

47 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On 7 July 1995, defense counsel filed a notice of intent, “in the event that the co-defendants in this case, Kwame Teague and Larry Leggett, take the 5th Amendment,” to introduce hearsay evidence through James Davis, Antoine Dixon, and Leshuan Lathan. The State responded with a notice of intent to introduce hearsay testimony in the form of statements of codefendants Larry Leggett and Kwame Teague if the trial court allowed the hearsay evidence proffered by the defense. After extensive voir dire, the trial court ruled that defendant could offer the hearsay evidence of Antoine Dixon and James Davis. The trial court concluded that defendant’s evidence was relevant to the issue of mitigation of defendant’s punishment. The trial court also noted the State’s notice of intent and indicated that it would be allowed to proceed “if the evidence so shows and so supports it.” Subsequently, defendant called both Leggett and Teague to the stand. Each, respectively, claimed his Fifth Amendment privilege against self-incrimination. Defendant then offered the testimony of both Dixon and Davis in support of the (f)(4) statutory mitigating circumstance that “[t]he defendant was an accomplice in or accessory to the capital felony committed by another person and his participation was relatively minor,” N.C.G.S. § 15A-2000(f)(4) (1997), and the nonstatutory mitigating circumstance that “defendant was not the actual shooter of Margaret Strickland or Bobby Gene Stroud.” Subsequently, both Dixon and ”

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

2. ““The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Article I, Section 26 of the North Carolina Constitution prohibit a prosecutor from peremptorily excusing a prospective juror solely on the basis of his or her race. Batson v. Kentucky, 476 U.S. 79 , 90 L. Ed. 2d 69 , 106 S. Ct. 1712 (1986); State v. Floyd, 343 N.C. 101, 106 , 468 S.E.2d 46, 50 , cert. denied, [519] U.S. [896], 136 L. Ed. 2d 170 (1996). A three-step process has been established for evaluating claims of racial discrimination in the prosecution’s use of peremptory challenges. Hernandez v. New York, 500 U.S. 352, 359 , 114 L. Ed. 2d 395, 405 , 111 S. Ct. 1859 (1991). First, defendant must establish a prima facie case that the peremptory challenge was exercised on the basis of race. Id. Second, if such a showing is made, the burden shifts to the prosecutor to offer a race-neutral explanation to rebut defendant’s prima facie case. Id. Third, the trial court must determine whether the defendant has proven purposeful discrimination. Id."”

   1 later decision quote this exact passage
   e.g. 168 N.C. App. 487 - State v. Alvarez

3. “Fourth. Was this murder especially heinous, atrocious or cruel? This aggravating circumstance is limited to acts done during the commission of the murder, but not after the death. In this context “heinous” means extremely wicked or shockingly evil. “Atrocious” means outrageous, wicked and vile. And “cruel” means designed to inflict a high degree of pain with utter indifference to or even enjoyment of the suffering of others. However, it is not enough that this murder be heinous, atrocious or cruel as those terms have just been defined to you. This murder must have been especially heinous, atrocious or cruel, and not every murder is especially so. For this murder to have been especially heinous, atrocious or cruel, any brutality which was involved in it must have exceeded that which is normally present in any killing, or this murder must have been a [conscienceless] or pitiless crime which was unnecessarily [torturous] to the victim.”

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