State v. Norris’s Empirical Analysis

Citation profile

4 federal appellate · 19 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although sentences in the aggravated range require findings of aggravating factors and those in the mitigated range findings of mitigating factors, the trial court is free to choose a sentence from anywhere in the presumptive range without findings other than those in the jury's verdict.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 248 N.C. App. 763 - State v. Lee · State v. Patterson

2. “[T]he Court cited Apprendi v. New Jersey, 530 U.S. 466 (2000), for the proposition that a trial court violates the Sixth Amendment if it finds any fact, other than the fact of a prior conviction, and relies on that fact to impose a sentence “greater than the [statutory] maximum.” 542 U.S. at 303. The Court defined “statutory maximum” as the most severe sentence a judge may impose based entirely on facts admitted by the defendant or found by a jury beyond a reasonable doubt. Id.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 209 N.C. App. 669 - State v. Green

3. “[t]he court shall consider evidence of aggravating or mitigating factors present in the offense that make aggravated or mitigated sentences appropriate, but the decision to depart from the presumptive range is in the discretion of the court.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 248 N.C. App. 763 - State v. Lee