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← 315 N.C. 76 - State v. Smith

State v. Smith’s Empirical Analysis

1985

Citation profile

345
cited by 345 later decisions
11
states following
May 2022
most recently cited

345 state decisions

How this case has been cited

Cited by 345 later decisions — most recently May 2022 · most notably State v. Lynch (1990), State v. Cummings (1990)

345 state decisions — followed in 11 states

129019851990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on California v. Green · Michel v. United States · Texas v. Louisiana · Hullum v. United States · State v. Powell

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

  1. “(A) Has proper notice been given? (B) Is the hearsay not specifically covered elsewhere? (C) Is the statement trustworthy? (D) Is the statement material? (E) Is the statement more probative on the issue than any other evidence which the proponent can procure through reasonable efforts? (F) Will the interests of justice be best served by admission?”
    18 later decisions quote this exact passage
  2. “(24) Other Exceptions. — A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it gives written notice stating his intention to offer the statement and the particulars of it, including the name and address of the declarant, to the adverse party sufficiently in advance of offering the statement to provide the adverse party with a fair opportunity to prepare to meet the statement.”
    10 later decisions quote this exact passage
  3. “(4) Statements for Purposes of Medical Diagnosis or Treatment. Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. (6) Records of Regularly Conducted Activity. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.”
    8 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.