119 N.C. App. 708 - State v. Thomas’s Empirical Analysis
1995
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently April 2014
20 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. Smith · Morgan v. Foretich · 110 Wis. 2d 414 - State v. Padilla · State v. Milby · State v. Rinck
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he victim’s conversation with L. and B. on the playground was of such a nature as to have been properly admitted under the excited utterance exception to the hearsay rule. Although the precise date of the alleged assault is unclear from the record, A. told her friends on the Wednesday after Thanksgiving that it occurred sometime during the previous weekend. As the trial court found, therefore, A.’s statement on the playground came “within a four to five day period at most” of the incident of which she spoke. In the circumstances of this case, we do not believe the passage of four or five days detracts from the “spontaneity” of A.’s response.”
1 later decision quote this exact passage“[Specifically found that A.’s statement to L. and B. was a spontaneous response to their questions, made while A. was under “obvious distress” precipitated by events which occurred “within a four to five day period at most.” Reasoning that a child of five “is characteristic [ally] free of conscious fabrication for longer periods [of time] including . . . four or five days, the court concluded that A.’s assertions to L. and B. fell within the excited utterance exception to the hearsay rule.””
1 later decision quote this exact passage“It is well established that in order for an assertion to come within the parameters of this particular exception, `there must be (1) a sufficiently startling experience suspending reflective thought and (2) a spontaneous reaction, not one resulting from reflection or fabrication.'”
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.