124 N.C. App. 462 - State v. Johnson’s Empirical Analysis
1996
Citation profile
20 state decisions
How this case has been cited
Cited by 22 later decisions — most recently July 2015
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickland v. Washington · Barker v. Wingo · State v. Braswell · Johnson v. Goodyear Tire & Rubber Co. · Bose Corp. v. Consumers Union of United States, Inc.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“G.S. § 90-112(a)(2) is a criminal, or in personam, forfeiture statute, as opposed to a civil or in rem, forfeiture statute. See U.S. v. Winston-Salem/Forsyth County Bd. of Educ., 902 F.2d 267 , 271 (4th Cir. 1990); State ex rel. Thornburg v. Currency, 324 N.C. 276 , 378 S.E.2d 1 (1989). Important differences exist between in rem and in personam forfeiture. First, while in personam forfeiture requires a criminal conviction of the property’s owner, an in rem proceeding only requires the government to prove that the property was used for an illegal purpose or that the property constitutes contraband. Second, the government bears a lower burden of proof in an in rem forfeiture action than it does in an in personam action. Since an in personam action is criminal, the government must prove the charges against the defendant beyond a reasonable doubt. In an in rem action, on the other hand, only proof by a preponderance of the evidence is required.”
1 later decision quote this exact passage“[A] convicted defendant ordered to pay a fine or costs may not be imprisoned for failure to comply if the delinquency in paying was `not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment.'”
1 later decision quote this exact passagee.g. State v. Aretz
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.