172 N.C. App. 772 - State v. Whiteley’s Empirical Analysis
2005
Citation profile
24
cited by 24 later decisions
2
states following
July 2018
most recently cited
24 state decisions
Relationships
Relies on Ashe v. Swenson · United States v. Salerno · Griswold v. State of Connecticut · Eisenstadt v. Baird · Lawrence v. Texas
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The present case does not involve minors. It does not involve persons who might be injured or coerced or who are situated in relationships where consent might not easily be refused. It does not involve public conduct or prostitution. . . . The case does involve two adults who, with full and mutual consent from each other, engaged in sexual practices common to a homosexual lifestyle. The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime.”
2 later decisions quote this exact passage“If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.”
2 later decisions quote this exact passage“Our Court has a duty to examine a statute and determine its constitutionality when the issue is properly presented, rather than to assume the role of policy maker, which has been entrusted by our Constitution to the legislature.”
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.