State v. Gibson’s Empirical Analysis
1992
Citation profile
50 state decisions
How this case has been cited
Cited by 50 later decisions — most recently April 2018 · most notably State v. Collins (1993), State v. Lee (1994)
50 state decisions
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 Pope v. Nebraska · State v. Coffey · Modjeski & Masters, Applicant, V · State v. Stager · State v. Bagley
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In present recollection refreshed the evidence is the testimony of the witness at trial.... “Under present recollection refreshed the witness’ memory is refreshed or jogged through the employment of a writing, diagram, smell or even touch,” and he testifies from his memory so refreshed. State v. Corn, 307 N.C. 79, 83 , 296 S.E.2d 261, 264 (1982). “Because of the independent origin of the testimony actually elicited, the stimulation of an actual present recollection is not strictly bounded by fixed rules but, rather, is approached on a case-by-case basis looking to the peculiar facts and circumstances present.” State v. Smith, 291 N.C. [505,] 516, 231 S.E.2d [663,] 670-71 [(1977)]. The rule in Smith which we hold controls the resolution of this issue states, “Where the testimony of the witness purports to be from his refreshed memory but is clearly a mere recitation of the refreshing memorandum, such testimony is not admissible as present recollection refreshed and should be excluded by the trial judge.” Id. at 518, 231 S.E.2d at 671. Thus, we must determine whether the spirit of the rule of present recollection refreshed has been violated by testimony which was not the product of a refreshed memory, but clearly nothing more than a recitation of the witness’ notes.”
2 later decisions quote this exact passage“The statements by defendant are admissible in this case because they tend to refute defendant's contention that defendant was acting under duress through fear of Bob Jennings' retaliation when he shot the victim. In so refuting defendant's contention and defense of duress and fear, these statements relate directly to defendant's state of mind and thus necessarily bear upon and forcefully support key elements of the primary offense charged: malice with specific intent to kill and premeditation and deliberation. These statements in such context clearly relate to "intent" and "preparation" and therefore fall within the inclusionary portion of Rule 404(b).”
1 later decision quote this exact passage“[u]nder present recollection refreshed the witness’ memory is refreshed or jogged through the employment of a writing, diagram, smell or even touch, and he testifies from his memory so refreshed. Because of the independent origin of the testimony actually elicited, the stimulation of an actual present recollection is not strictly bounded by fixed rules but, rather, is approached on a case-by-case basis looking to the peculiar facts and circumstances present.”
1 later decision 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.