State v. Smith’s Empirical Analysis

Citation profile

2 federal appellate · 24 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`give a clear instruction which applies the law to the evidence in such manner as to assist the jury in understanding the case and in reaching a correct verdict.'”

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

2. “[t]he burden upon the defendant is to show more than a possibility that the jury applied the instruction in an unconstitutional manner.”

   4 later decisions quote this exact passage
   e.g. State v. Locklear · 185 N.C. App. 408 - State v. Freeman

3. “[t]he appealing party must demonstrate that the error in the instructions was likely to mislead the jury. " Id. (emphasis added). "`In a criminal trial the judge has the duty to instruct the jury on the law arising from all the evidence presented.'”

   2 later decisions quote this exact passage
   e.g. 177 N.C. App. 423 - State v. Turner · State v. Barnes