State v. Walston’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “establish the essential content or substance of the excluded testimony.”

   2 later decisions quote this exact passage
   e.g. 250 N.C. App. 546 - In re: A.H. & C.H. · 241 N.C. App. 602 - State v. Martin

2. “First degree sexual offense. The defendant has been charged with two counts, two charges of first degree sexual offense. For you to find the defendant guilty of this offense, the State must prove three things beyond a reasonable doubt. First, that the defendant engaged in a sexual act with the victim. A sexual act means fellatio, which is any touching by the lips or tongue of one person and the male sex organ of another, or any penetration, however slight, by an object into the genital opening of a person’s body. Second, that at the time of the acts alleged the victim was a child under the age of 13. And third, that at the time of the alleged offense the defendant was at least 12 years old and was at least four years older than the victim. Now if you find, from the evidence beyond a reasonable doubt that on or about the alleged date the defendant engaged in a sexual act with the victim, É.C., in the living room area of the defendant’s house by inserting his finger into her vagina and that at that time the victim was a child under the age of 13 years, and that the defendant was at least 12 years old, and was at least four years older than the victim, it would be your duty to return a verdict of guilty. If you do not so find or if you have a reasonable doubt as to one or more of these things, it will be your duty to return a verdict of not guilty. Also, if you find from the evidence beyond a reasonable doubt that on or about the alleged date the defendant engaged in a sexual ac”

   1 later decision quote this exact passage
   e.g. State v. Walston

3. “in order for a party to preserve for appellate review the exclusion of evidence, the significance of the excluded evidence must be made to appear in the record and a specific offer of proof is required unless the significance of the evidence is obvious from the record. The essential content or substance of the witness’ testimony must be shown before we can ascertain whether prejudicial error occurred.”

   1 later decision quote this exact passage
   e.g. 233 N.C. App. 773 - Willard v. VP Builders, Inc.