State v. Stewart’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... `deprives a defendant of an opportunity to adequately present his defense.'”

   5 later decisions quote this exact passage
   e.g. 149 N.C. App. 235 - State v. Osborne · 248 N.C. App. 418 - State v. Jones

2. “Time variances do not always prejudice a defendant so as to require dismissal, even when an alibi is involved. Thus, a defendant suffers no prejudice when the allegations and proof substantially correspond; when [a] defendant presents alibi evidence relating to neither the date charged nor the date shown by the State’s evidence; or when a defendant presents an alibi defense for both dates. However, when the defendant relies on the date set forth in the indictment and the evidence set forth by the State substantially varies to the prejudice of [the] defendant, the interests of justice and fair play require that [the] defendant’s motion for dismissal be granted.”

   1 later decision quote this exact passage
   e.g. 162 N.C. App. 715 - State v. Custis

3. “dramatic variance between the thirty-one day period of the offense alleged in the indictment and the evidence introduced by the State at trial, which encompassed a two and one-half year period[,]”

   1 later decision quote this exact passage
   e.g. 202 N.C. App. 373 - State v. Germain