State v. Simpson’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Evidence of another offense is admissible under Rule 404(b) so long as it is relevant to any fact or issue other than the character of the accused. State v. Coffey, 326 N.C. 268, 278 , 389 S.E.2d 48, 54 (1990). The evidence of defendant’s prior assault on the victim tends to establish malice, an element of first-degree murder, and thus is relevant to an issue other than defendant’s character. State v. Spruill, 320 N.C. 688, 693 , 360 S.E.2d 667, 669 (1987) (evidence of defendant’s prior assaults on victim, his former girlfriend, admissible under Rule 404(b)), cert. denied, 486 U.S. 1061 , 100 L. Ed. 2d 934 (1988). Defendant argues that the danger of unfair prejudice substantially outweighed the probative value of the disputed evidence, rendering the evidence inadmissible under Rule 403. “Whether to exclude evidence under Rule 403 is a matter left to the sound discretion of the trial court. . . . Evidence which is probative of the State’s case necessarily will have a prejudicial effect upon the defendant; the question is one of degree.” State v. Coffey, 326 N.C. at 281 , 389 S.E.2d at 56 .”

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