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← 309 N.C. 549 - State v. Webb

State v. Webb’s Empirical Analysis

1983

Citation profile

30
cited by 30 later decisions
2
states following
December 2021
most recently cited

3 federal appellate · 26 state decisions

How this case has been cited

Cited by 30 later decisions — most recently December 2021 · most notably State v. Fields (1985), State v. Thomas (1991)

3 federal appellate · 26 state decisions

12019831990200020102020decided

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 Washington Post Co. v. Rebozo · State v. Smith · State v. . Friddle · State v. Hewett · State v. Ward

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

  1. “[a]lthough a defendant on pretrial release in an unrelated felony case has not been convicted of the felony and is presumed to be innocent of its commission, he is in a special status with regard to the criminal law. He has not simply been accused of another crime, he has been formally arrested, appeared before a magistrate, and had the conditions of his release pending trial for this crime formally determined. Whether or not one in this position is in fact guilty, it is to be expected that he would, while the question of his guilt is pending, be particularly cautious to avoid commission of another criminal offense. If he is not and is convicted of another offense, his status as a pretrial releasee in a pending case is a legitimate circumstance to be considered in imposing sentence. The legislature may constitutionally require that it be considered. One demonstrates disdain for the law by committing an offense while on release pending trial of an earlier charge, and this may indeed be considered an aggravating circumstance.”
    3 later decisions quote this exact passage
  2. “As in Smith, all the evidence here tends to show defendant never intended to return the car and that he took it and disposed of it under circumstances rendering it unlikely that it would ever be recovered and with indifference to the rights of the car’s owner. Therefore, even if defendant did use the car to escape the scene at a time when he was confused and scared, these facts, under Smith, would not exculpate him.”
    2 later decisions quote this exact passage
  3. “In imposing a prison term, the judge ... may consider any aggravating and mitigating factors that he finds are proved by the preponderance of the evidence,”
    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.