168 N.C. App. 263 - State v. Thaggard’s Empirical Analysis

Citation profile

2 federal appellate · 60 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the defendant was at least 16 years of age; (2) he was five years older than his victim; (3) he willfully took or attempted to take an indecent liberty with the victim; (4) the victim was under 16 years of age at the time the alleged act or attempted act occurred; and (5) the action by the defendant was for the purpose of arousing or gratifying sexual desire.”

   5 later decisions quote this exact passage
   e.g. United States v. Vann · 195 N.C. App. 43 - State v. Martin

2. “The trial court must consider the evidence `in the light most favorable to the State,' and the State is entitled to every reasonable inference to be drawn from it.”

   5 later decisions quote this exact passage
   e.g. State v. Blizzard · 181 N.C. App. 328 - State v. Holt

3. “On appeal, the appellate court is required to examine the sealed records to determine whether they contain information that is favorable and material to an accused’s guilt or punishment. “Favorable” evidence includes evidence which tends to exculpate the accused, as well as any evidence adversely affecting the credibility of the government’s witnesses. Evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.”

   1 later decision quote this exact passage
   e.g. 197 N.C. App. 619 - State v. Webb