90 N.C. App. 161 - State v. Smith’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n determining the amount of restitution to be made, the court shall take into consideration the resources of the defendant including all real and personal property owned by the defendant and the income derived from the property, the defendant’s ability to earn, the defendant’s obligation to support dependents, and any other matters that pertain to the defendant’s ability to make restitution, but the court is not required to make findings of fact or conclusions of law on these matters.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Minton

2. “A person commits the offense misdemeanor death by vehicle if he unintentionally causes the death of another person while engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20-138.1, and commission of that violation is the proximate cause of the death. General Statute 20-141.4(a2)”

   1 later decision quote this exact passage
   e.g. 590 So. 2d 1139 - State v. Ritchie

3. “Several other jurisdictions permit convictions under vehicular homicide statutes based upon a showing of ordinary negligence ... other states courts that have considered the question have ruled that it is constitutionally permissible to base a vehicular homicide conviction on ordinary negligence.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 590 So. 2d 1139 - State v. Ritchie