147 N.C. App. 195 - Hamilton v. Freeman’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The superior court has exclusive, original jurisdiction over all criminal actions not assigned to the district court division N.C. Gen. Stat. § 7A-271(a) (1999). It is well established that a judgment of a Superior Court must be honored unless the judgment’ is void. Where a court has authority to hear and determine the questions in dispute and has control over the parties to the controversy, a judgment issued by the court is not void, even if contrary to law. Such a judgment is voidable, but not void ab ini-tio, and is binding until vacated or corrected. Defendants do not argue that the trial courts that originally sentenced plaintiffs lacked jurisdiction. Because the sentencing courts had authority over the disputes and control over the parties, the resulting judgments were not void and must be honored as received by DOC. Furthermore, we note that “[t]he legislative, executive, and supreme judicial powers of the State government [are] . . . separate and distinct from each other.” N.C. Const. art. I, § 6. The Department of Correction is a part of the executive branch of North Carolina. By independently amending judgments to rejlect compliance with DOC’s interpretation of statutory authority, DOC has usurped the power of the judiciary, thereby violating separation of powers.”

   2 later decisions quote this exact passage
   e.g. 167 N.C. App. 276 - State v. Ellis · 154 N.C. App. 127 - State v. Wilson