State v. Lewis’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]his determination is to be measured by an objective, not subjective, standard”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 178 N.C. App. 78 - State v. Brigman · 246 N.C. App. 306 - State v. McLaughlin

2. “structured police questioning is a key consideration in determining whether a state- ■ ment is or is not testimonial. Structured police questioning or interrogation does not occur exclusively in a police station.... The questioning might also occur in a field location, detention facility, or the North Carolina Department of Correction. This questioning is in contrast to the initial gathering of information and determination of whether a crime was actually committed. Whether structured police questioning is present may also depend on the status of the investigation, as evidenced by the role of the officer(s) asking questions of the declarant. This distinction is an important one, because the statements made as a result of a patrol officer’s preliminary questioning will likely be nontestimonial, while statements resulting from investigators' questions, which are made at a later point in time, will likely be testimonial. The point at which questioning becomes "structured police questioning” is analogous to the line crossed when police involvement changes from mere presence to effecting a seizure of a person, or when police questioning takes a form requiring Miranda rights to be read. So too a line is crossed when police questioning shifts from mere preliminary fact-gathering to eliciting statements for use at a subsequent trial. When this line is crossed, any statements elicited are testimonial in nature.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Wall v. State

3. “not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it gives written notice stating his intention to offer the statement and the particulars of it, including the name and address of the declarant, to the adverse party sufficiently in advance of offering the statement to provide the adverse party with a fair opportunity to prepare to meet the statement.”

   1 later decision quote this exact passage
   e.g. 178 N.C. App. 78 - State v. Brigman