In re Greene

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “ [t]he power to continue prayer for judgment on conditions or to suspend execution of sentence on conditions does not arise from an ‘inherent’ power of the Judiciary for that is a mode of punishment for crime rightly for determination by the General Assembly”
• explaining that “[t]he power to define a crime and prescribe its punishment originates with the Legislative Branch” and that any judicial power to alter criminal punishments is not inherent in the judiciary, but must derive from a legislative grant of authority
• explaining that \[t]he power to define a crime and prescribe its punishment originates with the Legislative Branch\ and that any judicial power to alter criminal punishments is not inherent in the judiciary, but must derive from a legislative grant of authority
• judge could not continue judgment on DUI conviction where statute expressly and unequivocally required sentencing

Source: CourtListener parenthetical corpus (CC0).

Cited by

4 cases in this archive cite this case.

• In re R.L.C.
  Court of Appeals of North Carolina· 2006-09-05· cited 5×
• Matter of Greene
  Supreme Court of North Carolina· 1979-06-01· cited 2×
• In Re RLC
  Court of Appeals of North Carolina· 2006-09-05
• State v. McDonald
  Court of Appeals of North Carolina· 2023-08-01