State v. Phifer’s Empirical Analysis

Citation profile

75 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Implied admissions are received with great caution. However, if the statement is made in a person’s presence by a person having firsthand knowledge under such circumstances that a denial would be naturally expected if the statement were untrue and it is shown that he was in position to hear and understand what was said and had the opportunity to speak, then his silence or failure to deny renders the statement admissible against him as an implied admission. 2 Stansbury’s N.C. Evidence, § 179, p. 50 (Brandis Rev. 1973).””

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

2. “The essential question in determining the admissibility of opinion evidence is whether the witness, through study and experience, has acquired such skill that he is better qualified than the jury to form an opinion as to the subject matter to which his testimony applies.”

   1 later decision quote this exact passage
   e.g. 258 N.C. App. 150 - State v. Weldon

3. “[t]here is a presumption of regularity in the trial. ... An appellate court is not required to, and should not, assume error by the trial judge when none appears in the record before the appellate court.”

   1 later decision quote this exact passage
   e.g. 261 N.C. App. 676 - State v. Dixon