187 N.C. App. 367 - State v. Kirby’s Empirical Analysis
2007
Citation profile
9
cited by 9 later decisions
1
states following
May 2011
most recently cited
9 state decisions
Relationships
Relies on Strickland v. Washington · New Jersey v. New York · Kachina Plywood, Inc. v. Hurt · State v. Braswell · Delta Airlines, Inc. v. National Union Fire Insurance
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although [the] defendant states that “it is clear that [he] intended to speak to his wife in confidence,” we find this assertion untenable in light of the evidence that [the] defendant “yell[ed]” or “hollered” the statement while standing in the bedroom’s open doorway right next to the living room. [The] [defendant's volume in conjunction with his undisputed knowledge that [a third person] was within easy hearing distance establishes a lack of confidentiality that supports the trial court’s determination that the communication was not privileged.”
1 later decision quote this exact passage“`The role of an appellate court is to review the rulings of the lower court, not to consider new evidence or matters that were not before the trial court.'”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.