State v. Daughtry’s Empirical Analysis

Citation profile

119 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 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Whether the proponent of the hearsay provided proper notice to the adverse party of his intent to offer it and of its particulars; (2) That the statement is not covered by any of the exceptions listed in Rule 804(b)(l)-(4); (3) That the statement possesses “equivalent circumstantial guarantees of trustworthiness”; (4) That the proffered statement is offered as evidence of a material fact; (5) Whether the hearsay is “more probative on the point for which it is offered than any other evidence which the proponent can produce through reasonable means”; and (6) Whether “the general purposes of [the] rules [of evidence] and the interests of justice will best be served by admission of the statement into evidence.””

   2 later decisions quote this exact passage
   e.g. 259 N.C. App. 102 - State v. Blankenship · 131 N.C. App. 285 - State v. Wagoner

2. “Defendant further contends the trial court erred by failing to instruct on diminished capacity as that defense related to the charge of first-degree sexual offense. . . . First-degree sexual offense is not a specific intent crime; the intent to commit the crime is inferred from the commission of the act. Thus, diminished capacity is not a defense to first-degree sexual offense, and the trial court did not commit error ... by failing to instruct on that defense.”

   2 later decisions quote this exact passage
   e.g. 266 N.C. App. 403 - State v. Vines · 212 N.C. App. 1 - State v. Hartley

3. “The State’s evidence tended to show that the victim was killed on 9 April 1992. At that time she was living with her boyfriend, Michael Hopkins, in his Smithfield apartment. Hopkins testified that he last saw the victim alive at about 4:00 p.m., just before he went to bed. When he awoke around 7:30 p.m., he discovered the victim’s body lying in a pool of blood near the front steps outside his apartment. Hopkins ran to his landlady’s house and called the police; he waited at the end of the driveway until the officers arrived. The Smithfield Police Department received a call at 7:38 p.m., and officers arrived at Hopkins’ apartment a few minutes later. They found the victim’s naked body face down next to the apartment steps. Her head lay in a pool of blood, and a stick protruded from her rectum. Her left arm extended along the left side of her body, palm up; her right index finger was in her mouth. SBI Special Agent David McDougall examined the scene. He found several articles of the victim’s clothing on the ground near the body and a three-inch-thick log containing blood and strands of hair atop a woodpile not far away. He saw no signs of a struggle or other violence inside the apartment. Dr. Karen Chancellor, a forensic pathologist who performed the autopsy, testified that she found multiple bruises and abrasions on the victim’s head, face, and neck. The lower jawbone was fractured in two places, and the back of the scalp had four separate lacerations, each exposing bone. She ”

   1 later decision quote this exact passage
   e.g. Daughtry v. Polk