State v. Holmes’s Empirical Analysis

Citation profile

22 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the seriousness of the present charge against the defendant; defendant’s temperament and character; his age and physical attributes; his past record; past escapes or attempted escapes, and evidence of a present plan to escape; threats to harm others or cause a disturbance; self-destructive tendencies; the risk of mob violence or of attempted revenge by others; the possibility of rescue by other offenders still at large; the size and mood of the audience; the nature and physical security of the courtroom; and the adequacy and availability of alternative remedies.”

   3 later decisions quote this exact passage
   e.g. 168 N.C. App. 614 - State v. Forrest · 213 N.C. App. 545 - State v. Stanley

2. “A trial judge may order a defendant or witness subjected to physical restraint in the courtroom when the judge finds the restraint to be reasonably necessary to maintain order, prevent the defendant's escape, or provide for the safety of persons.”

   2 later decisions quote this exact passage
   e.g. 197 N.C. App. 403 - State v. Stanback · 168 N.C. App. 614 - State v. Forrest

3. “In the [penalty] proceeding there shall not be any requirement to resubmit evidence presented during the guilt determination phase of the case, unless a new jury is impaneled, but all such evidence is competent for the jury’s consideration in passing on punishment. Evidence may be presented as to any matter, that the court deems relevant.to sentence, and may include matters relating to any of the aggravating or mitigating circumstances enumerated in subsections (e) and (f) of this section. Any evidence which the court deems to have probative value may be received.”

   1 later decision quote this exact passage
   e.g. 454 F. Supp. 2d 475 - Call v. Polk