State v. Holmes’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) The spouse of the defendant shall be a competent witness for the defendant in all criminal actions, but the failure of the defendant to call such spouse as a witness shall not be used against him. Such spouse is subject to cross-examination as are other witnesses. (b) The spouse of the defendant shall be competent but not compellable to testify for the State against the defendant in any criminal action or grand jury proceedings, except that the spouse of the defendant shall be both competent and compellable to so testify: (1) In a prosecution for bigamy or criminal cohabitation, to prove the fact of marriage and facts tending to show the absence of divorce or annulment; (2) In a prosecution for assaulting or communicating a threat to the other spouse; (3) In a prosecution for trespass in or upon the separate lands or residence of the other spouse when living separate and apart from each other by mutual consent or court order; (4) In a prosecution for abandonment of or failure to provide support for the other spouse or their child; (5) In a prosecution of one spouse for any other criminal offense against the minor child of either spouse, including any illegitimate or adopted or foster child of either spouse. (c) No husband or wife shall be compellable in any event to disclose any confidential communication made by one to the other during their marriage.”

   4 later decisions quote this exact passage
   e.g. 250 N.C. App. 424 - State v. Godbey · State v. Rush

2. “[t]his holding allows marriage partners to speak freely to each other in confidence without fear of being thereafter confronted with the confession in litigation. However, by confining the spousal disqualification to testimony involving “confidential communications” within the marriage, we prohibit the accused spouse from employing the common law rule solely to inhibit the administration of justice.”

   2 later decisions quote this exact passage
   e.g. State v. Rush · 141 N.C. App. 152 - State v. Hammonds

3. “N.C.G.S. § 8-56 provides essentially that while no husband or wife shall be compellable to disclose any confidential communications made by one to the other during their marriage, each is ‘competent and compellable to give evidence, as any other witness, on behalf of any party to such suit, action or proceeding.’ On the other hand, N.C.G.S. 8-57, when read properly, provides that the spouse of a defendant is competent to testify for or against a defendant and may be compelled to testify for the State and against defendant in the five instances listed in section 8-57(b), provided that ‘[n]o husband or wife shall be compellable in any event to disclose any confidential communications made by one to the other during their marriage.’ Neither of these statutes destroys the common law privilege against disclosure of confidential marital communications; rather, they protect the privilege.”

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