116 N.C. App. 473 - Nicholson v. Killens’s Empirical Analysis
1994
Citation profile
14
cited by 14 later decisions
1
states following
June 2015
most recently cited
14 state decisions
Relationships
Relies on Matter of Banks · 83 N.C. App. 61 - Carter v. Wilson Const. Co., Inc. · Nationwide Mutual Insurance Company v. Bynum · Nicholson v. Killens
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The intent of the legislature controls the interpretation of a statute. When the language of a statute is clear and unambiguous, there is no room for judicial construction and the courts must give the statute its plain and definite meaning, and are without power to interpolate, or superimpose, provisions and limitations not contained therein."”
2 later decisions quote this exact passage“(c1) Procedure for Reporting Results and Refusal to Division.Whenever a person refuses to submit to a chemical analysis, a person has an alcohol concentration of 0.15 or more, or a person's drivers license has an alcohol concentration restriction and the results of the chemical analysis establish a violation of the restriction, the law enforcement officer and the chemical analyst shall without unnecessary delay go before an official authorized to administer oaths and execute an affidavit(s) stating []: (5) The results of any tests given or that the person willfully refused to submit to a chemical analysis. . . . . The officer shall immediately mail the affidavit(s) to the Division. If the officer is also the chemical analyst who has notified the person of the rights under subsection (a), the officer may perform alone the duties of this subsection.”
1 later decision quote this exact passage“This failure has no adverse effect whatever on any subsequent criminal prosecution for driving while impaired .... Likewise [the court’s] decision here has no adverse effect whatever on the admissibility of the results of the breath analysis using an automated breath instrument that prints the result of its analysis, where a driver has agreed to submit to the breath analysis.”
1 later decision quote this exact passagee.g. State v. Oliver
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.