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← 701 NW2D 655 - State v. Seering

State v. Seering’s Empirical Analysis

2005

Citation profile

87
cited by 87 later decisions
10
states following
May 2019
most recently cited

3 federal appellate · 83 state decisions

Relationships

Relies on Mathews v. Eldridge · United States v. Salerno · Wisconsin v. Yoder · Harmelin v. Michigan · Loving v. Commonwealth of Virginia

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

  1. ““-‘First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements would entail.’ ””
    6 later decisions quote this exact passage
  2. “[W]e must remember that statutes are cloaked with a presumption of constitutionality. The challenger bears a heavy burden, because it must prove the unconstitutionality beyond a reasonable doubt. Moreover, "the challenger must refute every reasonable basis upon which the statute could be found to be constitutional." Furthermore, if the statute is capable of being construed in more than one manner, one of which is constitutional, we must adopt that construction.”
    4 later decisions quote this exact passage
  3. “[historically, banishment has been considered to be punishment. Yet, while Seering may have a sense of being banished to another area of the city, county, or state, true banishment goes beyond the mere restriction of “one’s freedom to go or remain where others have the right to be: it often works a destruction on one’s social, cultural, and political existence.” Section 692A.2A, to the contrary, only restricts sex offenders from residing in a particular area. Offenders are not banished from communities and are free to engage in most community activities. The statute is far removed from the traditional concept of banishment.”
    3 later decisions 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.