State v. Cummings’s Empirical Analysis

Citation profile

52 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Constitutional questions that are not raised and passed upon in the trial court will not ordinarily be considered on appeal.”

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

2. ““ ‘Trial counsel is allowed wide latitude in argument to the jury and may argue all of the evidence which has been presented as well as reasonable inferences which arise therefrom.’ ” State v. Hyde, 352 N.C. 37, 56 , 530 S.E.2d 281, 294 (2000) (quoting State v. Guevara, 349 N.C. 243, 257 , 506 S.E.2d 711, 721 (1998), cert. denied, 526 U.S. 1133 , 143 L. Ed. 2d 1013 (1999)), cert. denied, [531] U.S. [1114], [148] L. Ed. 2d [775] (2001). This Court will not disturb the trial court’s exercise of discretion over the latitude of counsel’s argument absent any gross impropriety in the argument that would likely influence the jury’s verdict. “We further emphasize that ‘statements contained in closing arguments to the jury are not to be placed in isolation or taken out of context on appeal. 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.’ ” [State v.] Guevara, 349 N.C. at 257, 506 S.E.2d at 721 (quoting State v. Green, 336 N.C. 142, 188 , 443 S.E.2d 14, 41 , cert. denied, 513 U.S. 1046 , 130 L. Ed. 2d 547 (1994)).”

   2 later decisions quote this exact passage
   e.g. 193 N.C. App. 248 - State v. Sexton · State v. Lloyd

3. “[m]ust specify the facts constituting the ground of challenge,”

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