State v. Moses’s Empirical Analysis

Citation profile

2 federal appellate · 36 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[defendant bears the burden of proving the testimony was erroneously admitted and he was prejudiced by the erroneous admission. N.C.G.S. § 15A-1443(a) (1997). “The admission of evidence which is technically inadmissible will be treated as harmless unless prejudice is shown such that a different result likely would have ensued had the evidence been excluded.” State v. Gappins, 320 N.C. 64, 68 , 357 S.E.2d 654, 657 (1987).”

   4 later decisions quote this exact passage
   e.g. 265 N.C. App. 480 - State v. Allen · 207 N.C. App. 379 - State v. Ross

2. “[A]n identification of the perpetrator of a crime is not inadmissible because the witness is not absolutely certain of the identification, so long as the witness had a reasonable possibility of observation sufficient to permit subsequent identification. Such uncertainty goes to the credibility and weight of the testimony, and it is well established that the credibility, probative force, and weight of the testimony are matters for the jury.”

   2 later decisions quote this exact passage
   e.g. 261 N.C. App. 676 - State v. Dixon · 224 N.C. App. 155 - State v. Hoff

3. “[s]uch uncertainty goes to the credibility and weight of the testimony, and it is well established that the credibility, probative force, and weight [of the testimony are] matters for the jury.”

   1 later decision quote this exact passage
   e.g. 196 N.C. App. 179 - State v. Ubeda