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← 204 N.C. App. 203 - State v. Yow

204 N.C. App. 203 - State v. Yow’s Empirical Analysis

2010

Citation profile

3
cited by 3 later decisions
1
states following
December 2010
most recently cited

3 state decisions

Relationships

Relies on 197 N.C. App. 461 - State v. Bare · 151 N.C. App. 40 - Harllee v. Harllee · 198 N.C. App. 82 - State v. Lark · 199 N.C. App. 321 - State v. Wagoner · 126 N.C. App. 139 - Hudson v. Game World, Inc.

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

  1. “We are thus left with the same constitutional arguments we have previously addressed and must therefore affirm the trial court's order as these arguments have all been rejected. See State v. Hagerman, ___ N.C.App. ___, ___, 685 S.E.2d 153, 155 (2009) ("[T]he imposition of SBM, as a civil remedy, could not increase the maximum penalty for defendant's crime. The State did not need to present any facts in an indictment or prove any facts beyond a reasonable doubt to a jury in order to subject defendant to SBM."); State v. Wagoner, ___ N.C.App. ___, ___, 683 S.E.2d 391, 400 (2009) ("As we have already held that SBM is a civil regulatory scheme, and not a punishment, double jeopardy does not apply." (citation omitted)); State v. Bare, ___ N.C.App. ___, ___, 677 S.E.2d 518, 531 (2009) ("Defendant has failed to show that the effects of SBM are sufficiently punitive to transform the civil remedy into criminal punishment. Based on the record before us, retroactive application of the SBM provisions do not violate the ex post facto clause.")”
    1 later decision quote this exact passage
  2. “Defendant has failed to show that the effects of SBM are sufficiently punitive to transform the civil remedy into criminal punishment. Based on the record before us, retroactive application of the SBM provisions do not violate the ex post facto clause.”
    1 later decision quote this exact passage
  3. “As we have already held that SBM is a civil regulatory scheme, and not a punishment, double jeopardy does not apply.”
    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.