State v. Moore’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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether an instruction on ... self-defense must be given, the evidence is to be viewed in the light most favorable to the defendant.”

   5 later decisions quote this exact passage
   e.g. State v. Mills · 257 N.C. App. 816 - State v. Gomola

2. “must be given even though the State's evidence is contradictory.”

   3 later decisions quote this exact passage
   e.g. State v. Mills · 257 N.C. App. 816 - State v. Gomola

3. “If the circumstances would have created a reasonable belief in the mind of a person of ordinary firmness that the assault was necessary or appeared to be necessary to protect that person from death or great bodily harm, and the circumstances did create such belief in the defendant’s mind at the time the defendant acted, such assault would be justified by self-defense. You, the jury, determine the reasonableness of the defendant’s belief from the circumstances appearing to the defendant at the time. A defendant does not have the right to use excessive force. The defendant had the right to use only such force as reasonably appeared necessary to the defendant under the circumstances to protect the defendant from death or great bodily harm. In making this determination, you should consider the circumstances as you find them to have existed from the evidence, (including the size, age and strength of the defendant as compared to the victim), (the fierceness of the assault, if any, upon the defendant), (whether or not the victim possessed a weapon), (and the reputation, if any, of the victim for danger and violence) (describe other circumstances as appropriate from the evidence). Again, you, the jury, determine the reasonableness of the defendant’s belief from the circumstances appearing to the defendant at the time.... NOTE WELL: If the defendant used a weapon which is a deadly weapon “per se,” do not give the following paragraph, or the paragraph on page 3. If the weapon is not a ”

   2 later decisions quote this exact passage
   e.g. State v. Mills · 212 N.C. App. 551 - State v. Whetstone