216 N.C. App. 238 - State v. Jackson’s Empirical Analysis

Citation profile

4 federal appellate · 13 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “child witness would suffer serious emotional distress, not by the open forum in general, but by testifying in the defendant's presence.”

   2 later decisions quote this exact passage
   e.g. 257 N.C. App. 848 - State v. Phachoumphone · Doe v. Doe

2. “The child victim has suffered severe and continuing psychological harm from the abuse alleged to have been caused by the defendant; Two, the child’s emotional distress is more than de minimis; Three, the child exhibits intense fear of the defendant; Four, the child is more likely to effectively communicate without the defendant's physical presence; Five, the significant progress made by the child would be jeopardized by having to testify in the defendant’s presence; Six, the child would be traumatized by the defendant's presence; Seven, that trauma would impair the child's ability to communicate; Eight, technology exists to provide two-way closed-circuit video testimony of the child providing full opportunity for contemporaneous cross-examination of the child by the defendant’s counsel, in view of the judge, the jury and the defendant. In consideration of the foregoing, the Court makes the following conclusions of law: One, the child is likely to suffer emotional and psychological harm from testifying in the defendant’s presence; Two, denial of physical, face-to-face confrontation is necessary to protect the well-being of the child; Three, public policy requires protection of the child’s physical, emotional and psychological help; Four, denial of a physical, face-to-face confrontation is necessary to further the public policy interest of the State; Five, the State’s transcendent interest in the welfare of the victim is sufficient to outweigh the defendant’s right to face his ”

   1 later decision quote this exact passage · from the majority
   e.g. 225 N.C. App. 189 - State v. Lanford

3. “One policy area that often arises in the constitutional context is the protection of youth by using witness 'shielding' procedures to balance the need for child sex crime victims' testimony against the risk of engendering further emotional distress. The Supreme Court has deemed the interest in safeguarding child abuse victims from further trauma and embarrassment to be a compelling one that, depending on the necessities of the case, may outweigh a defendant's right to face his accusers in court.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Doe v. Doe