250 N.C. App. 238 - State v. Hunt’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. “For error to constitute plain error, a defendant must demonstrate that a fundamental error occurred at trial. To show that an error was fundamental, a defendant must establish prejudice that, after examination of the entire record, the error had a probable impact on the jury's finding that the defendant was guilty. Moreover, because plain error is to be applied cautiously and only in the exceptional case, the error will often be one that seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Gray · State v. Mayes

2. “[w]hile "[ Rule] 702 imposes a special obligation upon a trial judge to ensure that any and all scientific testimony ... is not only relevant, but reliable," " Daubert did not work a seachange [sic] over ... evidence law, and the trial court's role as gatekeeper is not intended to serve as a replacement for the adversary system."”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Gray · 259 N.C. App. 198 - State v. Thomas

3. “[w]e can envision few, if any, cases in which an appellate court would venture to superimpose a Daubert ruling on a cold, poorly developed record when neither the parties nor the ... court has had a meaningful opportunity to mull the question.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Gray · State v. Mayes