105 N.C. App. 377 - State v. Byers’s Empirical Analysis
1992
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently February 2010 · most notably State v. Jones (2000), 138 N.C. App. 252 - State v. McAllister (2000)
32 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Coffey · State v. Wilkerson · State v. Foust · State v. Cotton · State v. Snyder
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Photographs are usually competent to explain or illustrate anything that is competent for a witness to describe in words and properly authenticated photographs of a homicide victim may be introduced into evidence under the trial court’s instructions that their use is to be limited to illustrating the witness’s testimony. Thus, photographs of the victim’s body may be used to illustrate testimony as to the cause of death. Photographs may also be introduced in a murder trial to illustrate testimony regarding the manner of killing so as to prove circumstantially the elements of murder . . . and for this reason such evidence is not precluded by a defendant’s stipulation as to the cause of death. Photographs of a homicide victim may be introduced even if they are gory, gruesome, horrible or revolting, so long as they are used for illustrative purposes and so long as their excessive or repetitious use is not aimed solely at arousing the passions of the jury. In general, the exclusion of evidence under the balancing test of Rule 403 of the North Carolina Rules of Evidence is within the trial court’s sound discretion. Whether the use of photographic evidence is more probative than prejudicial and what constitutes an excessive number of photographs in the light of the illustrative value of each likewise lies within the discretion of the trial court. Abuse of discretion results where the court’s ruling is manifestly unsupported by reason or is so arbitrary that it could not have been th”
1 later decision quote this exact passage“In the present case, the trial court submitted three possible verdicts to the jury- — -second degree murder, involuntary manslaughter and misdemeanor death by vehicle. Since felony death by motor vehicle is not a lesser included offense of involuntary manslaughter, and since the trial court did submit involuntary manslaughter, the court did not err in not submitting felony death by motor vehicle as a possible verdict.”
1 later decision quote this exact passage“the evidence presented at trial tending to show defendant knew his license was revoked and proceeded to drive regardless of this knowledge indicates defendant acted with “a mind regardless of social duty” and with “recklessness of consequences.” We further find the evidence tending to show defendant took the car without permission and displayed fictitious tags in order, to drive indicates a mind “bent on mischief.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.