211 N.C. App. 60 - State v. Clark’s Empirical Analysis
2011
Citation profile
18
cited by 18 later decisions
2
states following
May 2017
most recently cited
18 state decisions
Relationships
Relies on Strickland v. Washington · Miranda v. State of Arizona Vignera · Oregon v. Mathiason · Stansbury v. California · Crane v. Stern
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[S]ince a[ ] SBM proceeding is not criminal in nature, defendants required to enroll in SBM are not entitled to challenge the effectiveness of the representation that they received from their trial counsel based on the right to counsel provisions of the federal and state constitutions.”
2 later decisions quote this exact passage · from the majority“obtaining a first degree rape conviction pursuant to N.C. Gen. Stat. § 14-27.2 (a)(1) requires proof that a defendant "engage[d] in vaginal intercourse" with his or her victim, as compared to some other form of inappropriate contact. N.C. Gen. Stat. § 14-27.2 (a)(1). In other words, anyone found guilty of first degree rape in violation of N.C. Gen. Stat. § 14-27.2 (a)(1) has necessarily "[engaged] in a sexual act involving vaginal, anal, or oral penetration," N.C. Gen. Stat. § 14-208.6 (1a), based solely on an analysis of the elements of the conviction offense.”
1 later decision quote this exact passage · from the majority“[t]he same is not necessarily true with respect to a conviction for first degree sexual offense in violation of N.C. Gen. Stat. § 14-27.4 (a)(1), since an individual can be convicted of first degree sexual offense on the basis of cunnilingus, which does not require proof of penetration. State v. Ludlum , 303 N.C. 666 , 669, 281 S.E.2d 159 , 161 (1981) (stating that "[w]e do not agree, however, that penetration is required before cunnilingus, as that word is used in the statute, can occur").”
1 later decision quote this exact passage · from the majority
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.