109 N.C. App. 1 - State v. Powell’s Empirical Analysis

Citation profile

4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Bruno and Woody had been picked up by animal control officers on at least three occasions prior to the fatal attack. The dogs had been taken by animal control officers to the animal shelter as recently as August, 1989, two months prior to the death of Prevette. Defendant admitted that his dogs had been out twice on the day of Prevette’s death. On one occasion in July, 1989, after the dogs escaped by digging out from underneath the fence, defendant simply covered the escape hole with a cooler after returning the dogs to the fence. Defendant’s next-door neighbor testified that the dogs were allowed to run loose “on a regular basis,” day and night, and that defendant would often “just open the door and let the dogs out.” Defendant’s ex-girlfriend testified that defendant let the dogs run free both day and night.”

   1 later decision quote this exact passage
   e.g. State v. Powell

2. ““the State is not required to prove that defendant’s dogs had vicious propensities of which defendant had knowledge. Rather, the State is required, in order to meet its burden on the issue of proximate cause, to present substantial evidence that the dogs in fact caused [the victim’s] death and that ‘in the exercise of reasonable care, [defendant] might have foreseen that some injury would result’ from his failure to abide by the ordinance. [Citations omitted.]” 109 N.C. App. at 9 .”

   1 later decision quote this exact passage
   e.g. State v. Davidson

3. “(a) No dog shall be left unattended outdoors unless it is restrained and restricted to the owner’s property by a tether, rope, chain, fence or other device. Fencing, as required herein, shall be adequate in height, construction and placement to keep resident dogs on the lot, and keep other dogs and children from accessing the lot. One (1) or more secured gates to the lot shall be provided.”

   1 later decision quote this exact passage
   e.g. State v. Powell