145 N.C. App. 447 - State v. Locklear’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. ““[W]hen a party purports to appeal the granting or denying of a motion in limine following the entry of a final judgment, the issue on appeal is not actually whether the granting or denying of the motion in limine was error, as that issue is not appealable, but instead ‘whether the evidentiary rulings of the trial court, made during the trial, are error.’ ””

   2 later decisions quote this exact passage
   e.g. 158 N.C. App. 563 - State v. Mays · 148 N.C. App. 534 - State v. Gaither

2. “A trial court’s ruling granting a motion in limine is interlocutory only and subject to change during the course of trial; such a ruling, therefore, in and of itself, preserves nothing for appeal. Rather, the proponent of the evidence must attempt to present the excluded evidence at trial, and if an objection to the proffered evidence is sustained, the proponent must then make an offer of proof. Such a requirement is strictly applied because a trial judge should be given an opportunity to reconsider [the] prior ruling against the backdrop of the evidence adduced at trial.”

   1 later decision quote this exact passage
   e.g. Joseph v. Kerkvliet

3. “[A]n objection to an order granting or denying a motion in limine is insufficient to preserve for appeal the question of the admissibility of evidence. In order to preserve the issue for appeal, [a] party objecting to an order granting or denying a motion in limine . . . is required to object to the evidence at the time it is offered at the trial (where the motion was denied) or attempt to introduce the evidence at the trial (where the motion was granted).”

   1 later decision quote this exact passage
   e.g. 202 N.C. App. 375 - State v. Troutman