State v. Gardner’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[f]indings of fact are binding on this Court if they are supported by competent evidence and may not be disturbed absent an abuse of discretion. The lower court's conclusions of law are reviewed de novo.”

   7 later decisions quote this exact passage
   e.g. 261 N.C. App. 716 - State v. Tilghman · State v. Pegram

2. “(a) A defendant may make a motion before the trial court that entered the judgment of conviction against the defendant for performance of DNA testing ... if the biological evidence meets all of the following conditions: (1) Is material to the defendant's defense. (2) Is related to the investigation or prosecution that resulted in the judgment. (3) Meets either of the following conditions: a. It was not DNA tested previously. b. It was tested previously, but the requested DNA test would provide results that are significantly more accurate and probative of the identity of the perpetrator or accomplice or have a reasonable probability of contradicting prior test results.”

   6 later decisions quote this exact passage
   e.g. 252 N.C. App. 528 - State v. Nettles · State v. Pegram

3. “[t]he ability to conduct the requested DNA testing is material to Defendant's defense”

   4 later decisions quote this exact passage
   e.g. 261 N.C. App. 716 - State v. Tilghman · State v. Barrera