State v. Cook’s Empirical Analysis

Citation profile

80 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In State v. Accor and State v. Moore, 277 N.C. 65, 79 , 175 S.E. 2d 583 , Chief Justice Bobbitt said: “When the State offers a witness whose testimony tends to identify the defendant as the person who committed the crime charged in the indictment, and the defendant interposes timely objection and requests a voir dire or asks for an opportunity to ‘qualify’ the witness, such voir dire should be conducted in the absence of the jury and the competency of the evidence evaluated. Upon such hearing, if the in-court identification by a witness is challenged on the ground it is tainted by an unlawful out-of-court photographic or corporeal identification, all relevant facts should be elicited and all factual questions determined, including those involving the defendant’s constitutional rights, pertinent to the admissibility of the proffered evidence.” In the present case, as above noted, there was no objection to the initial in-court identification of the defendant by this witness and there was no request for a voir dire. This assignment is without merit.”

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

2. ““There was no error in holding that the little girl who was the alleged victim of these offenses was a competent witness. [Citations omitted.] There is no age below which one is incompetent, as a matter of law, to testify. The test of competency is the capacity of the proposed witness to understand and to relate under the obligation of an oath facts which will assist the jury in determining the truth of the matters as to which it is called upon to decide. This is a matter which rests in the sound discretion of the trial judge in the light of his examination and observation of the particular witness. In the present case, the child was examined with reference to her intelligence, understanding and religious beliefs concerning the telling of a falsehood, all of which took place out of the presence of the jury. The record indicates she was alert, intelligent and fully aware of the necessity for telling the truth.””

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

3. “"MR. PIERCE: Mr. Dennis and Mr. Snipes, let me go ahead and get to this question. Let me ask you, would either one of you find it impossible, under any circumstances, to bring in a verdict which resulted in the imposition of the death penalty, even though the State satisfied you beyond a reasonable doubt of the defendant's guilt, from the evidence in this case? [Mr. Snipes' answers omitted.] JUROR DENNIS: I really don't know. MR. PIERCE: Let me put the question to you the same way, would it be impossible, under any circumstances, even though the State had satisfied you beyond a reasonable doubt, from the evidence in the case, as to the defendant's guilt, to bring in a verdict which resulted in the death penalty? JUROR DENNIS: Well, for what this is, I'd have to say yes. MR. PIERCE: In a rape case, you couldn't do it? JUROR DENNIS: Right."”

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