State v. Smith’s Empirical Analysis

Citation profile

3 federal appellate · 44 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For purposes of our analysis, however, we do not intend to discuss the defendant’s constitutional issue in academic isolation. To do so would be to ignore the practical, common-sense rules which, over the years, our courts have applied in dealing with the competing interests of the accused who asserts a right to confront and cross-examine witnesses and the State which asserts a need to introduce relevant hearsay evidence. Indeed, a literal reading of the Sixth Amendment’s Confrontation Clause would require the exclusion of any statement made by a declarant not present at trial and “abrogate virtually every hearsay exception, a result long rejected as unintended and too extreme.” Ohio v. Roberts, 448 U.S. 56, 63 , 100 S.Ct. 2531, 2537 , 65 L.Ed.2d 597 (1980). Thus, although the right of confrontation is a fundamental right, it “must occasionally give way to considerations of public policy and the necessities of the case.” Mattox v. United States, 156 U.S. 237, 243 ,”

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

2. “[Scientific and technological advancements which have made possible this type of analysis have removed the necessity for a subjective determination of impairment^] . . . Indeed, our legislature’s recognition of this reliable and accurate innovation of blood alcohol concentration testing is manifested in N.C.G.S. § 20-138.1(a)(2) which now provides that a person who “after having consumed sufficient alcohol that he has, at any relevant time after driving, an alcohol concentration of [0.08] or more”, commits the offense of impaired driving.”

   1 later decision quote this exact passage
   e.g. 193 N.C. App. 76 - State v. Narron

3. “The rule is both realistic and practical. Being charged with the obligation of accuracy, a public official’s report is accorded a presumption of trust. And to require that a public official relinquish continued attention to the other tasks within his responsibility merely to repeat orally that which he has already written disserves the public. The rule is to be viewed and implemented in this context.”

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