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← 276 S.C. 636 - State v. Franks

State v. Franks’s Empirical Analysis

1981

Citation profile

16
cited by 16 later decisions
2
states following
June 2018
most recently cited

16 state decisions

How this case has been cited

Cited by 16 later decisions — most recently June 2018

16 state decisions

1001981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Gagnon v. Scarpelli · Jones v. Cunningham · State v. Hewett · State v. White · 40 N.C. App. 545 - State v. Baines

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

  1. “So there is quite a difference between a criminal prosecution and a probation revocation hearing. The courts have, accordingly, recognized that the rights of an offender in a probation revocation hearing are not the same as those extended him by the United States Constitution upon the trial of the original offense. The United States Supreme Court has held a parolee is still in custody because he faces significant confinement and restraint even though he is no longer within the four walls of prison.... We think that while a person convicted of a crime is still restrained within the confines of his probation, he does not enjoy the same unfettered constitutional privileges available to those not so confined. It is elementary that while conviction and imprisonment do not strip the violator of his rights, those privileges are severely diminished.”
    2 later decisions quote this exact passage
  2. “the revocation of this privilege of probation is more in the nature of an extension of the original proceedings.”
    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.