204 N.C. App. 431 - State v. Walker’s Empirical Analysis

Citation profile

6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Prior consistent statements of a witness are admissible for purposes of corroboration even if the witness has not been impeached. When so offered, evidence of a prior consistent statement must in fact corroborate a witness's later testimony; however, there is no requirement that the rendition of a prior consistent statement be identical to the witness's later testimony. Slight variances in the corroborative testimony do not render it inadmissible. In order to be corroborative and therefore properly admissible, the prior statement of the witness need not merely relate to specific facts brought out in the witness's testimony at trial, so long as the prior statement in fact tends to add weight or credibility to such testimony. In order to be admissible as corroborative evidence, a witness' prior consistent statements merely must tend to add weight or credibility to the witness' testimony. Further, it is well established that such corroborative evidence may contain new or additional facts when it tends to strengthen and add credibility to the testimony which it corroborates. Moreover, if the previous statements are generally consistent with the witness' testimony, slight variations will not render the statements inadmissible, but such variations affect only the credibility of the statement. On the other hand, the witness's prior statements as to facts not referred to in his trial testimony and not tending to add weight or credibility to it are not admissible as corroborative evid”

   1 later decision quote this exact passage
   e.g. 256 N.C. App. 505 - State v. Allbrooks

2. “[T]he serious injury element of [N.C. Gen. Stat.] § 14-32 means a physical or bodily injury. The courts of this [S]tate have declined to define serious injury for purposes of assault prosecutions other than stating that the term means physical or bodily injury resulting from an assault, and that further definition seems neither wise nor desirable. Whether a serious injury has been inflicted is a factual determination within the province of the jury. Among the factors that have been deemed relevant in determining whether serious injury has been inflicted are: (1) pain and suffering; (2) loss of blood; (3) hospitalization; and (4) time lost from work.”

   1 later decision quote this exact passage
   e.g. 214 N.C. App. 370 - State v. Flaugher