197 N.C. App. 716 - State v. Cloer’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he proper procedure to be followed by a defendant seeking to obtain credit for time served in pretrial confinement in addition to that awarded at the time of sentencing or the revocation of the defendant’s probation is for the defendant to initially present his or her claim for additional credit to the trial court, with alleged errors in the trial court’s determination subject to review in the Appellate Division following the trial court’s decision by either direct appeal or certiorari, as the case may be. Such an approach makes sense given the reality that, in at least some instances, factual issues will need to be resolved before a proper determination of the amount of credit to which a particular defendant is entitled can be made, and such issues are best addressed, as an initial matter, in the trial courts rather than in the Appellate Division.”

   1 later decision quote this exact passage
   e.g. 205 N.C. App. 291 - State v. Miller