State v. Guevara’s Empirical Analysis

Citation profile

68 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`Instead, on appeal we must give consideration to the context in which the remarks were made and the overall factual circumstances to which they referred.'”

   2 later decisions quote this exact passage
   e.g. State v. Ward · State v. Anderson

2. “[a]t trial, while the jury was deliberating, the trial court received a paper writing from the jury inquiring about three items: two exhibits . . . and a reference to ‘Medlin’s testimony.’ The parties and the trial court discussed the meaning of the jury’s request, and the trial court then decided that as to ‘Medlin’s testimony,’ the jury was referring to a transcript of Lieutenant Medlin’s testimony. The trial court stated in this regard, ‘Well, you know, frequently that’s done. All of us know that.’ . . . The jurors were then returned to the courtroom, where . . . [t]he trial court then stated, ‘We do not have prepared transcripts of the testimony of each witness. It is the duty of the jury to recall the testimony of the witness as it was presented during the trial of the case.’. . . In the case sub judice, the fact that the trial court considered the jury’s request and acknowledged that it had the authority to provide the jury with Lieutenant Medlin’s testimony is indicated by the trial court’s comment that ‘frequently that’s done.’ The trial court did not say or indicate that it could not make the transcript or review of the testimony available to the jury. The record therefore reflects that the trial court considered, but in its discretion denied, the jury’s request in compliance with the statute.”

   1 later decision quote this exact passage
   e.g. 196 N.C. App. 22 - State v. Long

3. “And then [defendant told Detective Smith], “You know, whoever did that meant to kill that woman because all you have to do is push her down to get her money.” And that’s important. That statement is very important. That whoever did it meant to kill Lena Hales. And why is that important? Because one of the things the Judge will talk to you about when he explains the law to you is that the State has to show, in order for you to find someone guilty of first-degree murder under the theory of premeditation and deliberation, the State has to show that the individual intended to kill. When you look back over all the evidence, look back at the things that [defendant] said, and the things that the evidence shows you, I would argue to you, ladies and gentlemen, that amounts to — that amounts to an admission by the defendant of what his intention was on the morning of April the 19th, that whoever did this intended to kill [the victim] because, in his words, all you had to do was push her down.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Cummings