116 N.C. App. 382 - In Re Lamm’s Empirical Analysis

Citation profile

22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We note with approval that the Council of the North Carolina State Bar has, apparently as a result of the concerns raised by appellant in this case, proposed that Article VI, Section 5.i. of the State Bar Rules be revised to provide for presuspension notice and hearing except in emergency circumstances. See The North Carolina State Bar Newsletter , Vo. 19, No. 3, p. 9. While we hold that the procedures prescribed by the current rule, and employed in this case, meet the minimal requirements of due process under our State and federal constitutions, we commend the State Bar for providing increased safeguards for the rights of attorneys while continuing its efforts to protect the public from, and provide assistance to, practitioners impaired by alcoholism or other substance addictive illness."”

   2 later decisions quote this exact passage
   e.g. Case v. Alabama State Bar · 925 So. 2d 956 - Ex Parte Case

2. ““The Fifth and Fourteenth Amendments to the United States Constitution, together with the Law of the Land Clause of Article I, § 19 of the North Carolina Constitution, provide that no person shall be deprived of life, liberty or property without due process of law.” State v. McCleary, 65 N.C. App. 174, 180 , 308 S.E.2d 883, 888 (1983), affirmed, 311 N.C. 397 , 316 S.E.2d 870 (1984). Article I, § 19 of the North Carolina Constitution is synonymous with “due process of law” as that term is applied under the Fourteenth Amendment to the federal Constitution. In re Moore, 289 N.C. 95 , 221 S.E.2d 307 (1976); McNeill v. Harnett County, 327 N.C. 552 , 398 S.E.2d 475 (1990), and United States Supreme Court interpretations of the latter, though not binding, are highly persuasive in construing the former. Watch Co. v. Brand Distributors, 285 N.C. 467 , 206 S.E.2d 141 (1974). However, in deciding what procedural safeguards are due under Article I, § 19 of the North Carolina Constitution, the North Carolina Supreme Court has employed a somewhat different method of decision than that employed by the United States Supreme Court for deciding similar questions under the due process clause of the federal constitution. Henry v. Edmisten, 315 N.C. 474 , 340 S.E.2d 720 (1986). Accordingly we must examine the procedures prescribed by the State [statute] at issue, and particularly as applied to respondent in this case, to determine whether they comport with the requirements of due process under bo”

   1 later decision quote this exact passage
   e.g. 140 N.C. App. 1 - State v. Young

3. “[T]hree factors should be considered in determining the nature and timing of a hearing: “First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements would entail.””

   1 later decision quote this exact passage
   e.g. 132 F. Supp. 2d 407 - Simpson v. MacOn County, NC