70 N.C. App. 421 - State v. McGinnis’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. “The burden of demonstrating error rests upon the appealing party.”

   3 later decisions quote this exact passage
   e.g. 258 N.C. App. 144 - State v. Triplett · State v. Washington

2. “In the absence of the sort of affirmative assurances embodied in the Miranda warnings, we do not believe that it violates due process of law for a State to permit cross-examination as to postarrest silence when a defendant chooses to take the stand. A State is entitled, in such situations, to leave to the judge and jury under its own rules of evidence the resolution of the extent to which postarrest silence may be deemed to impeach a criminal defendant's own testimony.”

   1 later decision quote this exact passage
   e.g. 72 N.C. App. 59 - State v. Hunt

3. “with or without a Miranda warning, a defendant's right to remain silent is guaranteed by the 5th amendment, as well as by article I, section 23 of the North Carolina Constitution, and . . . any comment upon the exercise of this right . . . [is] impermissible.”

   1 later decision quote this exact passage
   e.g. 193 N.C. App. 611 - State v. Tomlin