140 N.C. App. 743 - State v. Bates’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Our Supreme Court in Hinnant pointed out the difficulty in determining whether a declarant-especially a young child-understood the purpose of his or her statements, and set forth the general rule that the court "should consider all objective circumstances of record surrounding declarant's statements in determining whether he or she possessed the requisite intent under Rule 803(4)." Some factors to consider in determining whether a child had the requisite intent are whether an adult explained to the child the need for treatment and the important of truthfulness; with whom and under what circumstances the declarant was speaking; the setting of the interview; and the nature of the questions.”

   2 later decisions quote this exact passage
   e.g. 259 N.C. App. 102 - State v. Blankenship · 194 N.C. App. 821 - State v. Hilton

2. “conducted an interview and a physical examination of a child who claimed she had been abused[,] [and where] the physical examination revealed no evidence that the child had been sexually abused[,] [b]ut. . . the [experts] “diagnosed” the children as victims of sexual abuse based solely on the children’s statements that they had been abused[, . . .] this opinion testimony lack[s] a proper foundation and should not. . . be[] admitted.”

   1 later decision quote this exact passage
   e.g. 142 N.C. App. 411 - State v. Grover

3. “should consider all objective circumstances of record surrounding declarant's statements in determining whether he or she possessed the requisite intent under Rule 803(4).”

   1 later decision quote this exact passage
   e.g. 259 N.C. App. 102 - State v. Blankenship