149 N.C. App. 434 - State v. Terry’s Empirical Analysis
2002
Citation profile
26
cited by 26 later decisions
2
states following
February 2018
most recently cited
26 state decisions
Relationships
Relies on Delaware v. Van Arsdall · Gagnon v. Scarpelli · State v. Duncan · State v. Autry · 141 N.C. App. 524 - State v. Tennant
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[O]nce the State has presented competent evidence establishing a defendant's failure to comply with the terms of probation, the burden is on the defendant to demonstrate through competent evidence an inability to comply with the terms.”
5 later decisions quote this exact passage“If the trial court is then reasonably satisfied that the defendant has violated a condition upon which a prior sentence was suspended, it may within its sound discretion revoke the probation.”
5 later decisions quote this exact passage“Pursuant to N.C. Gen. Stat. § 5A-14(a): The presiding judicial official may summarily impose measures in response to direct criminal contempt when necessary to restore order or maintain the dignity and authority of the court and when the measures are imposed substantially contemporaneously with the contempt. N.C. Gen. Stat. § 5A-14(a) (1999). However, Before imposing measures under this section, the judicial official must give the person charged with contempt summary notice of the charges and a summary opportunity to respond and must find facts supporting the summary imposition of measures in response to contempt. The facts must be established beyond a reasonable doubt. N.C. Gen. Stat. § 5A-14(b) (1999). The Official Commentary to the statute notes that it: was intended not to provide for a hearing, or anything approaching that, in summary contempt proceedings, but merely to assure that the alleged contemnor had an opportunity to point out instances of gross mistake about who committed the contemptuous act or matters of that sort. N.C. Gen. Stat. § 5A-14 (Official Commentary 1999) (emphasis added).”
1 later decision quote this exact passage
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.