State v. Borders’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rule 702(a) has three main parts, and expert testimony must satisfy each to be admissible. First, the area of proposed testimony must be based on scientific, technical or other specialized knowledge that will assist the trier of fact to understand the evidence or to determine a fact in issue. This is the relevance inquiry discussed in both Daubert and Howerton. As with any evidence, the testimony must meet the minimum standard for logical relevance that Rule 401 establishes. In other words, the testimony must relate to an issue in the case. But relevance means something more for expert testimony. In order to assist the trier of fact, expert testimony must provide insight beyond the conclusions that jurors can readily draw from their ordinary experience. An area of inquiry need not be completely incomprehensible to lay jurors without expert assistance before expert testimony becomes admissible. To be helpful, though, that testimony must do more than invite the jury to substitute the expert's judgment of the meaning of the facts of the case for its own. Second, the witness must be qualified as an expert by knowledge, skill, experience, training, or education. This portion of the rule focuses on the witness's competence to testify as an expert in the field of his or her proposed testimony. Expertise can come from practical experience as much as from academic training. Whatever the source of the witness's knowledge, the question remains the same: Does the witness have enough expe”

   1 later decision quote this exact passage · from the concurrence
   e.g. 248 N.C. App. 707 - State v. Daughtridge

2. “This Court reviews conclusions of law stemming from the denial of a motion to suppress de novo .... Under a de novo review, the court considers the matter anew and freely substitutes its own judgment for that of the lower tribunal.”

   1 later decision quote this exact passage
   e.g. 257 N.C. App. 370 - State v. Thompson

3. “right of the people to be secure ... against unreasonable searches and seizures.”

   1 later decision quote this exact passage
   e.g. 257 N.C. App. 370 - State v. Thompson