255 N.C. App. 132 - State v. Posey’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 “[T]he fact that [the defendant's] probation was revoked, in and of itself, does not trigger the application of N.C. Gen. Stat. § 15A-1340.16(d)(12a) [which allows a prior willful violation of a probation condition to be considered as an aggravating factor]. The only part of the trial court's judgment that could have any future detrimental effect is the finding that [the defendant] was in willful violation of his probation, a finding that [the defendant] does not challenge. And, clearly, the trial court acted within its authority in entering its finding of willfulness , notwithstanding that it may have erroneously [revoked the defendant's probation].”

   1 later decision quote this exact passage · from the majority
   e.g. 257 N.C. App. 842 - State v. Peed

2. “willful violation of the conditions of probation imposed pursuant to a suspended sentence”

   1 later decision quote this exact passage · from the majority
   e.g. 257 N.C. App. 842 - State v. Peed