State v. Lloyd’s Empirical Analysis

Citation profile

195 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 195 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Constitutional issues not raised and passed upon at trial will not be considered for the first time on appeal.”

   10 later decisions quote this exact passage
   e.g. 181 N.C. App. 760 - State v. SUTCLIFF · 192 N.C. App. 276 - State v. SHOLAR

2. “[a] trial court may properly instruct on flight where there is some evidence in the record reasonably supporting the theory that the defendant fled after the commission of the crime charged. However, mere evidence that defendant left the scene of the crime is not enough to support an instruction on flight. There must also be some evidence that defendant took steps to avoid apprehension.”

   6 later decisions quote this exact passage
   e.g. 248 N.C. App. 393 - State v. Campos · 252 N.C. App. 371 - State v. Bradford

3. “identified three types of murders that would warrant the submission of the [especially heinous, atrocious, or cruel] aggravating circumstance. The first type consists of those killings that are physically agonizing for the victim or which are in some other way dehumanizing. State v. Lloyd, 321 N.C. 301, 319 , 364 S.E.2d 316, 328 , sentence vacated on other grounds, 488 U.S. 807 , 102 L. Ed. 2d 18 (1988). The second type includes killings that are less violent but involve infliction of psychological torture by leaving the victim in his or her “last moments aware of but helpless to prevent impending death,” State v. Hamlet, 312 N.C. [162,] 175, 321 S.E.2d [837,] 846 [(1984)], and thus may be considered “conscienceless, pitiless, or unnecessarily torturous to the victim,” State v. Brown, 315 N.C. 40, 65 , 337 S.E.2d 808, 826-27 (1985), cert. denied, 476 U.S. 1164 , 90 L. Ed. 2d 733 (1986), and overruled on other grounds by State v. Vandiver, 321 N.C. 570 , 364 S.E.2d 373 (1988). The third type includes killings that “demonstrate[] an unusual depravity of mind on the part of the defendant beyond that normally present in first-degree murder[s].” Id. at 65, 337 S.E.2d at 827 .”

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