209 N.C. App. 669 - State v. Green’s Empirical Analysis
2011
Citation profile
4 state decisions
Relationships
Relies on Apprendi v. New Jersey · Daubert v. Merrell Dow Pharmaceuticals, Inc. · Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, Etc., et al. · Howerton v. Arai Helmet, Ltd. · State v. Goode
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is well-established that trial courts must decide preliminary questions concerning the qualifications of experts to testify or the admissibility of expert testimony." Howerton v. Arai Helmet, Ltd., 358 N.C. 440 , 458, 597 S.E.2d 674 , 686 (2004) (citing N.C.G.S. § 8C-1, Rule 104(a) (2003)). In Howerton , our Supreme Court set out a three step inquiry governing the admissibility of expert testimony: (1) Is the expert's proffered method of proof sufficiently reliable as an area for expert testimony? [ State v. Goode, 341 N.C. 513 , 527-29, 461 S.E.2d 631 , 639-40 (1995) ]. (2) Is the witness testifying at trial qualified as an expert in that area of testimony? Id. at 529 , 461 S.E.2d at 640 .(3) Is the expert's testimony relevant? Id. at 529 , 461 S.E.2d at 641 .”
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.