12 Cal. 3d 96 - In Re Bye’s Empirical Analysis

Citation profile

4 federal appellate · 122 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 135 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Similar to the parolee, the CRC outpatient may lead a relatively normal life while in his conditional status. That status, albeit subject to revocation, `enables him to do a wide range of things open to persons who have never been convicted of any crime.' Although the outpatient may be required to submit to periodic and surprise testing for narcotic use and may also be ordered to maintain close contact with a specially trained parole agent, he retains his civil rights [citations omitted] and is not considered `civilly dead' for certain purposes as is the parolee whose conditional liberty interest has heretofore been deemed protected. Equally important, as in the case of the parolee, the outpatient has relied on the state's promise that his conditional liberty will not be revoked unless he fails to abide by the conditions of his release and he is obligated to control his conduct accordingly. ... . Although the Legislature has denominated the narcotic rehabilitation plan `civil' rather than `penal' the use of one label rather than the other does not alter the applicability of due process protections to the outpatient's conditional liberty interest.”

   1 later decision quote this exact passage
   e.g. Application of True

2. “[A] revocation decision in a civil addict program is often a medical one and as such is necessarily less subject to objective scrutiny by a lay hearing officer.”

   1 later decision quote this exact passage
   e.g. 19 Cal. 3d 921 - In Re Roger S.