216 N.C. App. 453 - State v. Carter’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Even a cursory examination of the record reveals that the evidence concerning the issue of penetration was in conflict. Although Vanessa answered in the affirmative when asked if Defendant “stuck . . . his penis . . . in . . . her bottom,” she also testified that Defendant placed his penis “on [her] butthole” and that Defendant’s penis “would be between my butt cheeks .. . over my butthole or hole in my anus.” When asked to clarify her testimony, Vanessa stated that “he would put his doodle between my butt cheeks and it will be sort of pressing on my butthole.” Finally, Ms. Carroll testified that a “penis . . . inside a butt crack” or “on a butthole or on butt cheeks” could cause an anal fissure if “enough vigor [is] pressed against the anus” and that other types of trauma, such as “[c]onstipation, a large amount of diarrhea, . . . irritable bowel syndrome . . . [or] any type of other trauma” could have caused Vanessa’s anal fissure as well.”

   1 later decision quote this exact passage · from the majority
   e.g. 224 N.C. App. 102 - State v. Boyett

2. “Although certain portions of [the victim’s] testimony tended to show that anal penetration had occurred, her statements that [defendant put his penis “on” or “between my butt cheeks” or that he “pressed against” her anus with his penis support an inference to the contrary. Moreover, although “evidence that no trauma occurred to [the victim] is not sufficient to establish a conflict of evidence as to penetration,” Ms. Carroll’s testimony indicated that [the victim’s] anal fissure could have resulted from attempted, as well as completed, penetration. As a result, a jury could rationally have found [defendant guilty of attempted first-degree sexual offense in File No. 08 CrS 57286.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Carter

3. “[T]he court. . . errfed] in failing to instruct the jury on attempted first degree rape 4 with respect to [the victim] because there was conflicting evidence of penetration in her case. A trial court must submit a lesser included offense instruction if the evidence would permit a jury rationally to find defendant guilty of the lesser offense and acquit him of the greater. Instructions pertaining to attempted first degree rape as a lesser included offense of first degree rape are warranted when the evidence pertaining to the crucial element of penetration conflicts or when, from the evidence presented, the jury may draw conflicting inferences.”

   1 later decision quote this exact passage · from the majority
   e.g. 224 N.C. App. 102 - State v. Boyett