State v. Stokes’s Empirical Analysis

Citation profile

14 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “when a witness is confronted with prior statements that are inconsistent with the witness' testimony, the witness' answers are final as to collateral matters, but where the inconsistencies are material to the issue at hand in the trial, the witness' testimony may be contradicted by other testimony”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Hyman · 242 N.C. App. 253 - State v. Taylor

2. “The Court of Appeals’ majority held that the superior court erred in ruling that defendant’s statement to Varner, made approximately nineteen hours after defendant was given his Miranda rights, was voluntary. The Court of Appeals concluded that the encounter was an interrogation and that enough time had passed and a sufficient number of legally significant events had taken place in the meantime to vitiate the Miranda warnings. Accordingly, the Court of Appeals held that the taking of defendant’s statement violated defendant’s Fifth Amendment right against self-incrimination. The dissenting judge disagreed and argued that defendant’s statement was given voluntarily. State v. Stokes, 150 N.C.App. 211, 227 , 565 S.E.2d 196, 207 (2002) (Hunter, J., dissenting). However, we are not called upon to determine whether the trial court correctly determined that the statement was admissible because the testimony was never offered as direct evidence. Instead, the statement was tendered only after defendant took the stand and, while under oath, denied making the comment described above to Varner. Therefore, we must determine whether defendant’s statement was properly admitted in rebuttal as impeachment testimony. First, assuming without deciding that the statement to Varner was made in violation of defendant’s constitutional right against self-incrimination, we consider whether he could be cross-examined about the statement. This Court addressed a similar issue in State v. McQueen, 324 N.C”

   1 later decision quote this exact passage
   e.g. 348 F. Supp. 2d 606 - Stokes v. Langley