152 N.C. App. 514 - State v. Smith’s Empirical Analysis

Citation profile

2 federal appellate · 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Evidence of [a] defendant's mere possession of pornographic materials does not tend `to make the existence of any fact that is of consequence to the determination of the action more [probable] or less probable than it would be without the evidence.'”

   2 later decisions quote this exact passage
   e.g. 173 N.C. App. 494 - State v. Moore · In the Matter of Db

2. “[W]ithout any evidence that [a] defendant had viewed the pornographic materials with the victim, or any evidence that defendant had asked the victim to look at pornographic materials,”

   2 later decisions quote this exact passage
   e.g. 173 N.C. App. 494 - State v. Moore · 164 N.C. App. 254 - State v. Bush

3. “The courts of this State have been markedly liberal in admitting evidence of prior sexual misconduct of a defendant for the purposes cited in Rule 404(b).”

   2 later decisions quote this exact passage
   e.g. 191 N.C. App. 254 - State v. Suggs · 187 N.C. App. 813 - State v. Poteat