State v. Hembree’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant is prejudiced by errors relating to rights arising other than under the Constitution of the United States when there is a reasonable possibility that, had the error in question not been committed, a different result would have been reached at the trial out of which the appeal arises. The burden of showing such prejudice under this subsection is upon the defendant.”

   2 later decisions quote this exact passage
   e.g. State v. Huey · State v. Muhammad

2. “He [defendant] has manipulated his attorneys. Don't let him manipulate you. Don't let him work the system again. .... [Y]ou heard video confessions of how he killed Heather Catterton and Randi Saldana. And then the defense started, they started putting up these smoke screens, started to try to confuse you. .... [A]t no point, no point in the last 18 months since this has been pending trial, has he ever recanted killing Heather or Randi. Never. Not until two years later when he could look at everything, when he can study the evidence, when he can get legal advi[c]e from his attorneys, does he come up with this elaborate tale as to what took place. .... Two years later, after he gives all these confessions to the police and says exactly how he killed Heather and Randi Saldana ... the defense starts. The defendant, along with his two attorneys, come together to try and create some sort of story. .... Think back to December 5th of 2009 when he knew nothing, when he had no legal advice; consistently, voluntarily told the police everything, and it was consistent with what the evidence showed.... For hours you watched this man confess to killing Heather and Randi Saldana, and now, after 18 months to two years, the defense begins and they put up smoke screens and they tried to confuse you? ... We've got two women dead, and he killed them.”

   1 later decision quote this exact passage
   e.g. 243 N.C. App. 446 - State v. Huey

3. “Abuse of discretion results where the court's ruling is manifestly unsupported by reason or is so arbitrary that it could not have been the result of a reasoned decision.”

   1 later decision quote this exact passage
   e.g. State v. Bennett