198 N.C. App. 457 - State v. Lowry’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[although the language is by no means consistent, courts often speak in terms of proof of motive, opportunity, capability and identity, all of which are merely different ways to show that a particular person committed a particular crime. In most cases these factors are not essential elements of the crime, but instead are circumstances which are relevant to identify an accused as the perpetrator of a crime. . . . While the cases do not generally indicate what weight is to be given evidence of these various factors, a few rough rules do appear. It is clear, for instance, that evidence of either motive or opportunity alone is insufficient to carry a case to the jury. . . . [W]hen the question is whether evidence of both motive and opportunity will be sufficient to survive a motion to dismiss, the answer is much less clear. The answer appears to rest more upon the strength of the evidence of motive and opportunity, as well as other available evidence, rather than an easily quantifiable ‘bright line’ test.””

   2 later decisions quote this exact passage · from the majority
   e.g. 261 N.C. App. 499 - State v. Gray · State v. Patel

2. “(1) defendant. . . [was] in possession of the victim’s car shortly after the probable time of her death, (2) defendant. . . ha[d] possession of other property (jewelry and an ATM card) belonging to the victim that would have likely been taken at the time of the victim’s death, (3) defendant [had] familiarity with the victim’s house and access to the house the days before the murder, and (4) defendant . . . [made an] effort to eliminate evidence by wiping down the car and [fled] when confronted by police.”

   1 later decision quote this exact passage · from the majority
   e.g. 205 N.C. App. 566 - State v. PASTUER