152 N.C. App. 29 - State v. Smith’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) testimony that the motion picture or videotape fairly and accurately illustrates the events filmed (illustrative purposes); (2) “proper testimony concerning the checking and operation of the video camera and the chain of evidence concerning the videotape . . .”; (3) testimony that “the photographs introduced at trial were the same as those [the witness] had inspected immediately after processing,” (substantive purposes); or (4) “testimony that the videotape had not been edited, and that the picture fairly and accurately recorded the actual appearance of the area “photographed.’ ””

   3 later decisions quote this exact passage
   e.g. 159 N.C. App. 534 - State v. Lawson · 170 N.C. App. 374 - State v. Buff

2. “Although not enumerated in Rule 404(b) itself, evidence may also be admitted to establish a chain of circumstances leading up to the crime charged: Evidence, not part of the crime charged but pertaining to the chain of events explaining the context, motive and set-up of the crime, is properly admitted if linked in time and circumstances with the charged crime, or [if it] forms an integral and natural part of an account of the crime, or is necessary to complete the story of the crime for the jury.”

   2 later decisions quote this exact passage
   e.g. State v. May · 189 N.C. App. 705 - State v. Daniels

3. “[T]he plain error rule ... is always to be applied cautiously and only in the exceptional case where, after reviewing the entire record, it can be said the claimed error is a ‘fundamental error, something so basic, so prejudicial, so lacking in its elements that justice cannot have been done,’ or . . . has ‘resulted in a miscarriage of justice or . . . where it can be fairly said ‘the . . . mistake had a probable impact on the jury’s finding that the defendant was guilty.’”

   2 later decisions quote this exact passage
   e.g. 212 N.C. App. 413 - State v. Adams · 158 N.C. App. 48 - State v. Gillis