State v. Brown’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[ t]he language of Rule 609(a) (“shall be admitted”) is mandatory, leaving no room for the trial court’s discretion. Moreover, while N.C. R. Evid. 609(b) requires a balancing test of the probative value and prejudicial effect of a conviction more than ten years old, this provision is explicitly absent from 609(a). Indeed, the official comments to Rule 609(a) reveal an unequivocal intention to diverge from the federal requirement of a balancing test. N.C.G.S. § 8C-1, Rule 609 official commentary, para. 4 (“Subdivision (a) also deletes the requirement in Fed. R. Evid. 609(a) that the court determine that the probative value of admitting evidence of the prior conviction outweighs its prejudicial effect to the defendant.”).”

   3 later decisions quote this exact passage
   e.g. State v. Lynch · 201 N.C. App. 727 - State v. Gervin

2. “(1) he will be deprived of a fair trial without the expert assistance, or (2) there is a reasonable likelihood that it will materially assist him in the preparation of his case.”

   1 later decision quote this exact passage
   e.g. 242 N.C. App. 253 - State v. Martin

3. “The determination of whether a defendant has made an adequate showing of particularized need lies largely within the discretion of the trial court.”

   1 later decision quote this exact passage
   e.g. 242 N.C. App. 253 - State v. Martin