191 N.C. App. 86 - State v. Riffe’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An indictment must include a designated date or period of time within which the alleged offense occurred. However, this Court has recognized that a judgment should not be reversed when the indictment lists an incorrect date or time if time was not of the essence of the offense, and the error or omission did not mislead the defendant to his prejudice. Generally, the time listed in the indictment is not an essential element of the crime charged. This general rule, which is intended to prevent a defendant who does not rely on time as a defense from using a discrepancy between the time named in the bill and the time shown by the evidence for the State, cannot be used to ensnare a defendant and thereby deprive him of an opportunity to adequately present his defense. We have held that a variance as to time becomes material and of the essence when it deprives a defendant of an opportunity to adequately present his defense.”

   1 later decision quote this exact passage
   e.g. 248 N.C. App. 418 - State v. Jones

2. “Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury . . . .”

   1 later decision quote this exact passage
   e.g. 195 N.C. App. 598 - State v. Mabry

3. “The probative value of photographs or images may be eclipsed by its tendency to prejudice if they are inflammatory, excessive, or repetitious.”

   1 later decision quote this exact passage
   e.g. 195 N.C. App. 598 - State v. Mabry