198 N.C. App. 427 - State v. Rainey’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. “all evidence offered against a party involves some prejudicial effect, the fact that evidence is prejudicial does not mean that it is necessarily unfairly prejudicial.”

   3 later decisions quote this exact passage
   e.g. 241 N.C. App. 586 - State v. Mackey · State v. Miller

2. “To determine whether a pretrial identification procedure is suggestive, the court should consider: (1) "whether the accused is somehow distinguished from others . . . in a set of photographs"; and (2) "whether the witness is given some extraneous information by the police which leads her to identify the accused as the perpetrator of the offense."”

   2 later decisions quote this exact passage
   e.g. 242 N.C. App. 522 - State v. Stitt · 216 N.C. App. 225 - State v. Jones

3. “First, the Court must determine whether the pretrial identification procedures were unnecessarily suggestive. If the answer to this question is affirmative, the court then must determine whether the unnecessarily suggestive procedures were so impermissibly suggestive that they resulted in a substantial likelihood of irreparable misidentification. Whether a substantial likelihood exists depends on the totality of the circumstances.”

   1 later decision quote this exact passage
   e.g. 242 N.C. App. 522 - State v. Stitt