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← 129 MDAPP 675 - Davis v. Mills

Davis v. Mills’s Empirical Analysis

2000

Citation profile

4
cited by 4 later decisions
1
states following
November 2010
most recently cited

4 state decisions

Relationships

Relies on Johnson v. State · Edgewater Liquors, Inc. v. Liston · Torbit v. State

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

  1. “(a) Generally. A person unable by reason of poverty to pay any filing fee or other court costs ordinarily required to be prepaid may file a request for an order waiving the prepayment of those costs. The person shall file with the request an affidavit verifying the facts set forth in that person’s pleading, notice of appeal, application for leave to appeal or request for process, and stating the grounds for entitlement to the waiver. If the person is represented by an attorney, the request and affidavit shall be accompanied by the attorney’s signed certification that the claim, appeal, application, or request for process is meritorious. The court shall review the papers presented and may require the person to supplement or explain any of the matters set forth in the papers. If the court is satisfied that the person is unable by reason of poverty to pay the filing fee or other court costs ordinarily required to be prepaid and the claim, appeal, application, or request for process is not frivolous, it shall waive by order the prepayment of such costs.”
    1 later decision quote this exact passage
  2. “1. Do prisoners have a constitutional right to unabridged access to the courts to redress meritorious claims for injury done to them in their person or property? 2. Did the lower court abuse its discretion in denying Appellant’s motion to proceed without prepayment of the filing fee or, in the alternative, authorize a payment schedule commensurate with Appellant's financial means, where Appellant substantially met the criteria set forth in Section 5-1002(c), of the Prisoner Litigation Act ("PLA”)?”
    1 later decision quote this exact passage
  3. “(b) Waiver in case of indigency. — The circuit court shall pass an order waiving the payment in advance if: (1) Upon petition for waiver, it is satisfied that the petitioner is unable by reason of his poverty to make the payment; and (2) The petitioner’s attorney, if any, certifies that the suit, appeal, or writ is meritorious.”
    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.