134 N.C. App. 379 - State v. Pretty’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Whether the proponent of the hearsay provided proper notice to the adverse party of his intent to offer it and of its particulars; (2) That the statement is not covered by any of the exceptions listed in Rule 804(b)(l)-(4); (3) That the statement possesses “equivalent circumstantial guarantees of trustworthiness”; (4) That the proffered statement is offered as evidence of a material fact; (5) Whether the hearsay is “more probative on the point for which it is offered than any other evidence which the proponent can produce through reasonable means”; and (6) Whether “the general purposes of [the] rules [of evidence] and the interests of justice will best be served by admission of the statement into evidence.””

   1 later decision quote this exact passage
   e.g. 148 N.C. App. 29 - State v. Isenberg

2. “In evaluating whether the hearsay testimony meets the circumstantial guarantees of trustworthiness, the trial court should consider the following factors: (1) assurances of the declarant’s personal knowledge of the underlying event, (2) the declarant’s motivation to speak the truth or otherwise, (3) whether the declarant has ever recanted the statement, and (4) the practical availability of the declarant at trial for meaning of cross examination.”

   1 later decision quote this exact passage
   e.g. 140 N.C. App. 169 - State v. Parker