134 N.C. App. 533 - State v. Underwood’s Empirical Analysis
1999
Citation profile
3 federal appellate · 21 state decisions
How this case has been cited
Cited by 26 later decisions — most recently May 2019 · most notably United States v. Beverly (2004), State v. Pappas (2001)
3 federal appellate · 21 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 Daubert v. Merrell Dow Pharmaceuticals, Inc. · Frye v. United States · State v. Powell · State v. Hennis · State v. Bullard
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion.”
2 later decisions quote this exact passage“The State’s evidence at trial tended to show that on 7 January 1994, the body of Viktor Gunnarsson (“Gunnarsson”) was found near Deep Gap, North Carolina by a North Carolina Department of Transportation employee. The body was located about 300 feet from a ramp to the Blue Ridge Parkway in Watauga County. Gunnarsson had been dead for weeks and the cause of death, as determined by the Chief Medical Examiner, was a gunshot wound to the head. Two .22 caliber bullets were removed from Gunnarsson’s head and the contents of his stomach revealed partially digested potatoes, suggesting that he died within [four to five] hours of eating. Gunnarsson had not been seen since 3 December 1993, when he had dinner with Kay Weden (“Weden”), a former girlfriend of defendant. As a part of Gunnarsson’s dinner he had eaten potatoes. Weden had ended a relationship with defendant in December of 1993. During her relationship with defendant, she received several anonymous threatening letters. One such letter stated that a .22 caliber bullet had been fired into her house. A deputy sheriff later found a .22 caliber bullet lodged in the exterior of her home near her son’s bedroom. Defendant was employed in December of 1993 at Salisbury High School as a Salisbury police officer. An examination of the typewriters at the school revealed that the same typewriter ribbon had been used to type Weden’s address and a letter that had been sent to her. Defendant possessed a .22 caliber pistol and rifle, and was iss”
1 later decision quote this exact passage“Mitochondrial DNA testing is performed by extracting the DNA from the mitochondria. The DNA is then amplified and examined to determine its sequences of A’s, G’s, T's, and C’s. The sequence is then compared to another sequence donated by a known person. If the sequences are identical, the examiner compares the sequence to the available database of mtDNA sequences to determine if he has ever seen that same sequence. The statistic will be based upon the frequency of similar DNA patterns occurring within the database and within each group in the database. The final result simply either excludes the tested individual as the sample donor or confirms that such individual is within a certain percentage of the population which could have donated the sample.”
1 later decision quote this exact passagee.g. State v. Scott
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.