200 N.C. App. 123 - State v. Morrow’s Empirical Analysis
2009
Citation profile
23
cited by 23 later decisions
1
states following
June 2015
most recently cited
23 state decisions
Relationships
Relies on Shapiro v. Thompson · Kennedy v. Mendoza-Martinez · Hudson v. United States · McKune Warden et al. v. Lile · El Paso Natural Gas Co. v. Neztsosie
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[0]ur review requires us to consider whether evidence was presented which could support findings of fact leading to a conclusion that “the defendant requires the highest possible level of supervision and monitoring.” N.C. Gen.Stat. § 14-208.40B(c). If “the State presented no evidence which would tend to support a determination of a higher level of risk than the “moderate” rating assigned by the DOC[,]” then the order requiring defendant to enroll in SBM should be reversed. Kilby,_N.C. App. at_, 679 S.E.2d at 434. However, if evidence supporting the trial court’s determination of a higher level of risk is “presented, it [is] . . . proper to remand this case to the trial court to consider the evidence and make additional findings [.]” Id.”
4 later decisions quote this exact passage“[i]f the court finds that the offender committed an offense that involved the physical, mental, or sexual abuse of a minor, that the offense is not an aggravated offense or a violation of G.S. 14-27.2A or G.S. 14-27.4A, and the offender is not a recidivist, the court shall order that the Department do a risk assessment of the offender. The Department shall have a minimum of 30 days, but not more than 60 days, to complete the risk assessment of the offender and report the results to the court. The Department may use a risk assessment of the offender done within six months of the date of the hearing. Upon receipt of a risk assessment from the Department, the court shall determine whether, based on the Department’s risk assessment, the offender requires the highest possible level of supervision and monitoring. If the court determines that the offender does require the highest possible level of supervision and monitoring, the court shall order the offender to enroll in a satellite-based monitoring program for a period of time to be specified by the court.”
1 later decision quote this exact passage“[First,] the “district attorney shall present to the court any evidence” that the defendant falls into one of five categories: “(i) the offender has been classified as a sexually violent predator pursuant to G.S. 14-208.20, (ii) the offender is a recidivist, (iii) the conviction offense was an aggravated offense, (iv) the conviction offense was a violation of G.S. 14-27.2A or G.S. 14-27.4A, or (v) the offense involved the physical, mental, or sexual abuse of a minor.” N.C. Gen. Stat. § 14-208 .40A(a). [Second,] [u]pon receipt of the evidence from the State and any contrary evidence from the offender, the trial court is required to determine “whether the offender’s conviction places the offender” in one of the five categories and to “make a finding of fact of that determination,” specifying the category into which the offender falls. N.C. Gen. Stat. § 14-208 .40A(b).”
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.