258 N.C. App. 527 - State v. Bursell’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]ssuming, arguendo , this objection was inadequate to preserve a constitutional Grady challenge for appellate review, in our discretion we would invoke Rule 2 to relax Rule 10's issue-preservation requirement and review its merits.”

   2 later decisions quote this exact passage
   e.g. 260 N.C. App. 640 - State v. Lindsey · State v. Bursell

2. “Indeed, Bishop concedes that the argument he seeks to raise is procedurally barred because he failed to raise it in the trial court. We recognize that this Court previously has invoked Rule 2 to permit a defendant to raise an unpreserved argument concerning the reasonableness of satellite-based monitoring. But the Court did so in Modlin because, at the time of the hearing in that case, neither party had the benefit of this Court's analysis in Blue and Morris . In Blue and Morris , this Court outlined the procedure defendants must follow to preserve a Fourth Amendment challenge to satellite-based monitoring in the trial court. This case is different from Modlin because Bishop's satellite-based monitoring hearing occurred several months after this Court issued the opinions in Blue and Morris . Thus, the law governing preservation of this issue was settled at the time Bishop appeared before the trial court. As a result, the underlying reason for invoking Rule 2 in Modlin is inapplicable here and we must ask whether Bishop has shown any other basis for invoking Rule 2. He has not. Bishop's argument for invoking Rule 2 relies entirely on citation to previous cases such as Modlin , where the Court invoked Rule 2 because of circumstances unique to those cases. In the absence of any argument specific to the facts of this case, Bishop is no different from countless other defendants whose constitutional arguments were barred on direct appeal because they were not preserved for appellat”

   1 later decision quote this exact passage · from the dissent
   e.g. 260 N.C. App. 640 - State v. Lindsey

3. “[Defense Counsel]: ... I would object on two grounds. I know the status of the law is pretty clear as to the [sex offenders] register, but for purposes of preserving any record if that were to change, I would submit that it is insufficient under Fourth Amendment grounds and due process grounds to place him on the registry in its entirety. Alternatively, that the lifetime requirement be a little excessive in this case and would ask you to alternatively consider putting him on the 30-year list. As to satellite-based monitoring, I think the Court needs to hear some additional evidence other than the [recitation] of the facts from the attorney or from the district attorney as to satellite-based monitoring. And since that evidentiary issue has not been resolved, there [aren't] any statements from the victim or otherwise from law enforcement that you ought not to order satellite-based monitoring in this case, and that the registry alternative would satisfy those concerns. And we leave it at that, your Honor.”

   1 later decision quote this exact passage
   e.g. State v. Bursell