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← 360 N.C. 400 - State v. Elliott

State v. Elliott’s Empirical Analysis

2006

Citation profile

72
cited by 72 later decisions
1
states following
January 2020
most recently cited

71 state decisions

How this case has been cited

Cited by 72 later decisions — most recently January 2020 · most notably State v. Goss (2007), Tillman v. Commercial Credit Loans, Inc. (2008)

71 state decisions

400200620102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Brady v. State of Maryland · United States v. Agurs · Wainwright v. Witt · Lockhart v. McCree · Cooper v. Aaron

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

  1. “'the propriety of juror questioning of witnesses is within the sound discretion of the trial court.' " State v. Elliott , 360 N.C. 400 , 413, 628 S.E.2d 735 , 744 (2006) (quoting State v. Howard , 320 N.C. 718 , 725, 360 S.E.2d 790 , 794 (1987) ). Our Supreme Court has instructed that "[w]hile it may be permissible in the discretion of the trial court to allow jurors to orally ask witnesses questions, 'the better practice is for the juror to submit written questions to the trial judge who should have a bench conference with the attorneys, hearing any objections they might have.' " Id. at 413, 628 S.E.2d at 744 -45 (quoting Howard , 320 N.C. at 726 , 360 S.E.2d at 795 ). "The judge[ ] ... should then ask the questions of the witness. Questions should ordinarily be for clarification and the trial judge should exercise due care to see that juror questions are so limited.”
    2 later decisions quote this exact passage
  2. “'the propriety of juror questioning of witnesses is within the sound discretion of the trial court.'”
    2 later decisions quote this exact passage
  3. “The Supreme Court of the United States is the final authority on federal constitutional questions.”
    2 later decisions quote this exact passage · from the concurrence

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.