132 N.C. App. 248 - State v. Monk’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. . . is a proceeding solely for the determination by the court whether there has been a violation of a valid condition of probation so as to warrant putting into effect a sentence theretofore entered; and while notice in writing to defendant, and an opportunity for him to be heard, are necessary, the court is not bound by strict rules of evidence, and all that is required is that there be competent evidence reasonably sufficient to satisfy the judge in the exercise of a sound judicial discretion that the defendant had, without lawful excuse, willfully violated a valid condition of probation.”

   2 later decisions quote this exact passage
   e.g. In Re DJM · 168 N.C. App. 242 - State v. Murchison

2. “[a] probation violation hearing is not a criminal prosecution.”

   2 later decisions quote this exact passage
   e.g. In Re DJM · 181 N.C. App. 126 - In re D.J.M.

3. “The inquiry of the court at such a hearing is not directed to the probationer’s guilt or innocence [as in a criminal prosecution], but to the truth of the accusation of a violation of probation. The crucial question is: Has the probationer abused the privilege of grace extended to him by the court?”

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