135 N.C. App. 279 - State v. Marine’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. “Rule 608(a) of the North Carolina Rules of Evidence permits the use of reputation or opinion testimony in order to bolster another witness’ credibility, so long as it is done in accordance with Rule 405(a). Rule 405(a) then explicitly prohibits expert testimony regarding a witness’ character. When read together, the Rules of Evidence thus prohibit an expert witness from commenting on the credibility of another witness. State v. Wise, 326 N.C. 421, 426 , 390 S.E.2d 142, 145 , cert. denied, 498 U.S. 853 , 112 L. Ed. 2d 113 (1990). On the other side of the coin, however, Rule 702 permits expert witnesses to explain the bases of their opinions. Thus, “a witness who renders an expert opinion may also testify as to the reliability of the information upon which he based his opinion.” State v. Jones, 339 N.C. 114, 146 , 451 S.E.2d 826, 842 , (1994), cert. denied, 515 U.S. 1169 , 132 L. Ed. 2d 873 (1995). Furthermore, the mental and emotional state of the victim before, during, and after a rape or sexual assault is relevant testimony that can help assist the trier of fact in understanding the basis of that expert’s opinion. State v. Kennedy, 320 N.C. 20, 30-31 , 357 S.E.2d 359, 366 (1987).”

   1 later decision quote this exact passage
   e.g. 153 N.C. App. 546 - State v. O'HANLAN

2. “has experienced actual or threatened serious injury ....”

   1 later decision quote this exact passage · from the concurrence
   e.g. 256 N.C. App. 596 - State v. Spinks