Crisp v. Hudspeth’s Empirical Analysis

Citation profile

2 district · 22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In considering petitioner’s contentions we follow the rule often stated, that where a petitioner in a habeas corpus proceeding attacks the judgment against him on the ground his constitutional rights have been violated, the burden of proof is upon him to establish the facts relied upon as having that effect. See Bissell v. Amrine, 159 Kan. 358 , syl. ¶ 2, 155 P. 2d 413 , certiorari denied 324 U. S. 875 , 65 S. Ct. 1013 , 89 L. Ed. 1428 , rehearing denied 325 U. S. 894 , 65 S. Ct. 1190 , 89 L. Ed. 2005 . See, also, the opinion in Downs v. Hudspeth, this day decided (post, p. 575). And it has also been held that where a person accused of a crime has been sentenced following his plea of guilty, the judgment, when collaterally attacked, carries' with it a presumption of regularity. See Brewer v. Amrine, 155 Kan. 525 , 127 P. 2d 447 , certiorari denied 317 U. S. 702 , 63 S. Ct. 525 , 87 L. Ed. 561 . We note also our decisions to the effect that the mere fact a journal entry of judgment, in a case tried prior to the change in the criminal code of 1941, may have recited that defendant was without counsel, is not to be held to show that he was deprived of counsel. See Garrison v. Amrine, 155 Kan. 509 , 126 P. 2d 228 , certiorari denied 317 U. S. 630 , 63 S. Ct. 51 , 87 L. Ed. 509 ; Hill v. Hudspeth, 161 Kan. 376 , 168 P. 2d 922 .””

   1 later decision quote this exact passage · from the majority
   e.g. Coppage v. Hand