243 N.C. App. 288 - Herndon v. Herndon’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[DEFENSE COUNSEL]: Call Alison Herndon. THE COURT: All right. Before we do that, let me make a statement. You're calling her. She ain't going to get up there and plead no Fifth Amendment? [DEFENSE COUNSEL]: No, she's not. THE COURT: I want to make sure that wasn't going to happen because you-somebody might be going to jail then. I just want to let you know. I'm not doing no Fifth Amendment. [DEFENSE COUNSEL]: No. THE COURT: Okay. Call your witness. [DEFENSE COUNSEL]: Alison Herndon.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Herndon v. Herndon · Herndon v. Herndon

2. “In Brown, the Supreme Court held that the decision whether to permit invocation of the Fifth Amendment in a civil proceeding is one that can be made only after the trial court considers what the witness “said on the stand.” [Brown, 356 U.S.] at 157. In other words, the determination that a witness may not invoke the Fifth Amendment cannot be made simply because the witness “physically took the stand.” Id. That is precisely what happened here.”

   1 later decision quote this exact passage
   e.g. Herndon v. Herndon

3. “[t]he trial court's threat to imprison [her] if she invoked her Fifth Amendment rights may have forced [her] to answer these questions differently than she otherwise would have if she felt free to assert that constitutional right.”

   1 later decision quote this exact passage
   e.g. 253 N.C. App. 67 - In re: L.C.