Lung v. State’s Empirical Analysis
2005
Citation profile
6
cited by 6 later decisions
1
states following
July 2015
most recently cited
6 state decisions
Relationships
Relies on Strickland v. Washington · American Manufacturers Mutual Insurance v. United States · Deboue v. Louisiana · Lovett v. United States · Sanders 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To determine whether a particular rule of civil procedure applies in the context of post-conviction review, the essential inquiry is whether the rule in question enhances, conflicts with, or is of neutral consequence to the purposes of the post-conviction rule. Nicholson v. State, 151 S.W.3d 369, 371 (Mo.banc 2004); Thomas v. State, 808 S.W.2d 364, 366 (Mo. banc 1991). If the civil rule enhances the purposes of the post-conviction rule or bears a neutral consequence, it applies. Id. If the rule hinders the purposes of the post-conviction rule, it should not apply. Id.”
1 later decision quote this exact passagee.g. Thomas v. State“The purpose of Rule 29.15 is to permit a person convicted of a felony, after trial, to challenge the conviction’s validity on the bases of claims that the conviction or sentence imposed violated the constitution and laws of this state or the constitution of the United States. Rule 29.15(a).... Post-convictions are not steps in criminal proceedings, but are means of testing the validity of a person’s detention after conviction. State v. Floyd, 403 S.W.2d 613, 614 (Mo.1966).”
1 later decision quote this exact passagee.g. Thomas v. State“[I]t affords the same opportunity for review of a motion court’s ruling as is provided in other types of civil cases. It affords an opportunity for due process to litigants in post-conviction cases that is akin to other civil litigants. As such, it enhances the purposes of the post-conviction proceeding and bears neutral consequences on the merits of those cases.”
1 later decision quote this exact passagee.g. Thomas v. State
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.