149 N.C. App. 57 - State v. Goodman’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “any conviction dating beyond sixteen years, however slight, runs afoul of the temporal proximity requirement of Rule 404(b),”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Maready · 166 N.C. App. 280 - State v. Blackwell

2. “Although defendant has six prior driving while impaired convictions dating back to 1962, only one of those occurred in the sixteen years prior to the crime at issue and none within the eight years prior to the crime at issue. Furthermore, defendant’s driving record contained convictions older than sixteen years of reckless driving, driving while license suspended, hit and run with property damage, unsafe moving violations, speeding, driving too fast for conditions, and driving on the wrong side of the road. This error is of a fundamental nature and, in my opinion, had a “probable impact on the jury’s finding of guilt” and thus constitutes plain error. State v. Odom, 307 N.C. 655, 661 , 300 S.E.2d 375, 379 (1983). From the record, it appears the jury had difficulty in determining whether defendant had acted with malice because during its deliberations, the jury requested to have the definition of malice read twice. The jury later requested the trial court permit it to have a written definition of malice along with defendant’s driving record to consider during its deliberations. Accordingly, I would grant defendant a new trial.”

   1 later decision quote this exact passage · from the dissent
   e.g. 188 N.C. App. 169 - State v. Maready

3. “The admissibility of any evidence under Rule 404(b) is guidedby two constraints—similarity and temporal proximity.”

   1 later decision quote this exact passage · from the dissent
   e.g. 166 N.C. App. 280 - State v. Blackwell