State v. Sledge’s Empirical Analysis

Citation profile

73 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I instruct you that the state has the burden of proof of the identity of the defendant as the perpetrator of the crime charged beyond a reasonable doubt. This means that you, the jury, must be satisfied beyond a reasonable doubt that the Defendant, Marvin Carson, was the perpetrator of the crime charged before you may return a verdict of guilty. The main aspects of identification is the observations of the offender by the witness at the time of the offense. In examining the testimony of the witness, Pamela Hill, as to her observation of the perpetrator at the time of the offense, you should consider the capacity of the witness to make such an observation, through her senses, the opportunity of the witness had [sic] to make an observation, and details, such as, the lighting of the scene of the crime at the time of the incident. You are to consider the mental and physical condition of the witness, the length of time of the observation and any other contention, condition or circumstance which might have tainted or hindered the witness in making her observation. However, your consideration must go further. The identification of the defendant by the witness, as the perpetrator of the offense, must be purely the product of the witness’ recollection of the Defendant and derived only from the observation made at the time of the offense. In making this determination, you should consider the manner in which the witness was confronted by the defendant after the offense and any circumsta”

   1 later decision quote this exact passage
   e.g. 80 N.C. App. 620 - State v. Carson

2. “It is settled law that the unnecessary use of inflammatory photographs in excessive numbers solely for the purpose of arousing the passions of the jurors may deny defendant a fair and impartial trial. State v. Mercer, 275 N.C. 108 , 165 S.E. 2d 328 (1969); State v. Foust, 258 N.C. 453 , 128 S.E. 2d 889 (1963). It is equally well settled that photographs are admissible to illustrate the testimony of a witness and their admission for that purpose under proper limiting instructions is not error. State v. Crowder, 285 N.C. 42 , 203 S.E. 2d 38 (1974), death sentence vacated, 428 U.S. 903 (1976); State v. Cutshall, 278 N.C. 334 , 180 S.E. 2d 745 (1971). See generally 1 Stansbury, N.C. Evidence § 34 (Brandis Rev. 1973). The fact that a photograph depicts a horrible, gruesome or revolting scene does not render it incompetent. When properly authenticated as a correct portrayal of what it purports to show, a photograph may be used by the witness to illustrate his testimony, and its admission for that purpose is not error. State v. Duncan, 282 N.C. 412 , 193 S.E. 2d 65 (1972); State v. Atkinson, 275 N.C. 288 , 167 S.E. 2d 241 (1969).”

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

3. “likely could have illustrated the medical testimony fully as well with fewer pictures. Excessive use of photographs is not favored.”

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