State v. Blackwell’s Empirical Analysis

Citation profile

148 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 152 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] defendant may not avoid a conclusion that evidence of an aggravating factor is “uncontroverted” by merely raising an objection at trial. See, e.g., Neder, 527 U.S. at 19 , 144 L. Ed. 2d at 47 . Instead, the defendant must “bring forth facts contesting the omitted element,” and must have “raised evidence sufficient to support a contrary finding.” Id.”

   14 later decisions quote this exact passage · from the majority
   e.g. 182 N.C. App. 133 - State v. Roberson · 247 N.C. App. 368 - State v. Singletary

2. “[T]he “statutory maximum” for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant. In other words, the relevant “statutory maximum” is not the maximum sentence a judge may impose after finding additional facts, but the maximum [the judge] may impose without any additional findings.”

   3 later decisions quote this exact passage · from the majority
   e.g. 185 N.C. App. 285 - State v. Harris · 182 N.C. App. 169 - State v. Battle

3. “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.”

   3 later decisions quote this exact passage · from the majority
   e.g. 182 N.C. App. 133 - State v. Roberson · 182 N.C. App. 171 - State v. Caudle