State v. Smith’s Empirical Analysis

Citation profile

71 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The confrontation clause of the Constitution of North Carolina guarantees the right of this defendant to be present at every stage of the trial. State v. Huff, 325 N.C. 1, 29 , 381 S.E.2d 635 , 651 (1989); N.C. Const. Art. I, § 23 (1984). This state constitutional protection afforded to the defendant imposes on the trial court the affirmative duty to insure the defendant’s presence at every stage of a capital trial. The defendant’s right to be present at every stage of the trial ‘ought to be kept forever sacred and inviolate.’ State v. Blackwelder, 61 N.C. 38, 40 (1866)[, overruled on other grounds by State v. Huff, 325 N.C. 1 , 381 S.E.2d 635 ]. In fact, the defendant’s right to be present at every stage of his capital trial is not waivable. State v. Artis, 325 N.C. 278, 297 , 384 S.E.2d 470, 480 (1989)[, sentence vacated on other grounds, 494 U.S. 1023 , 108 L. Ed. 2d 604 (1990)]; State v. Huff, 325 N.C. at 31, 381 S.E.2d at 652 .””

   3 later decisions quote this exact passage
   e.g. State v. Exum · State v. Williams

2. “The process of selecting and impaneling the jury is a stage of the trial at which the defendant has a right to be present. Therefore, it was error for the trial court to exclude the defendant, counsel, and the court reporter from its private communications with the prospective jurors at the bench prior to excusing them.”

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

3. “even though counsel and the defendant were in the courtroom.”

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