152 Ind. App. 582 - Ware v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Why there was never a hearing and ruling on that motion, the record does not disclose. But whatever may be the reason for that omission, it should be rectified. We therefore remand to give the trial court an opportunity to hear and rule on defendant’s charges. “On remand new trial-level counsel should be appointed and he should be given adequate opportunity to amend or supplement the pro se motion after proper consultation with the defendant. The amended motion, together with supporting affidavits, should, of course, be properly served on the former trial counsel as well as the State and an opportunity given each to file counter affidavits and reply affidavits in conformity with Criminal Rule 17. Whether additional evidence is received must be left to the sound discretion of the trial court. If a new trial is granted the appeal will be dismissed.” (Emphasis added.) ( 284 N.E.2d at 548 .)”

   1 later decision quote this exact passage
   e.g. Dearman v. State