State v. Tucker’s Empirical Analysis

Citation profile

66 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The purpose of these procedures is to protect the defendant from unfair surprise. State v. Payne, 327 N.C. 194, 202 , 394 S.E.2d 158, 162 (1990), cert. denied, --- U.S. ---, 112 L. Ed. 2d 1062 (1991); State v. Alston, 307 N.C. 321, 331 , 298 S.E.2d 631, 639 (1983). Whether a party has complied with discovery and what sanctions, if any, should be imposed are questions addressed to the sound discretion of the trial court. State v. Weeks, 322 N.C. 152, 171 , 367 S.E.2d 895, 906 (1988). “[T]he discretionary rulings of the trial court will not be disturbed on the issue of failure to make discovery absent a showing of bad faith by the State in its noncompliance with the discovery requirements.” State v. McClintick, 315 N.C. 649, 662 , 340 S.E.2d 41, 49 (1986). “The choice of which sanctions to apply, if any, rests in the sound discretion of the trial court and is not reviewable absent a showing of an abuse of that discretion.” State v. Gladden, 315 N.C. 398, 412 , 340 S.E.2d 673, 682 , cert. denied, 479 U.S. 871 , 93 L. Ed. 2d 166 (1986).”

   3 later decisions quote this exact passage
   e.g. State v. Mills · State v. East

2. ““[m]ere hope or suspicion” of the availability of certain evidence that might erode the State’s case or buttress a defense will not suffice to satisfy the requirement that defendant demonstrate a threshold showing of specific necessity for expert assistance. State v. Tatum, 291 N.C. 73, 82 , 229 S.E.2d 562, 568 (1976). Nor will a “general desire to search for possible evidence which might be of use in impeaching” a key witness for the State suffice as a “significant factor” in the defense so as to justify the appointment of an expert. State v. Hickey, 317 N.C. at 469 , 346 S.E.2d at 654 .”

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

3. “A person arrested for or charged with a felony offense, or a Class A1 or Class 1 misdemeanor offense may request that non-testimonial identification procedures be conducted upon himself. If it appears that the results of specific nontestimonial identification procedures will be of material aid in determining whether the defendant committed the offense, the judge to whom the request was directed must order the State to conduct the identification procedures.”

   1 later decision quote this exact passage
   e.g. 179 N.C. App. 733 - State v. Ryals