State v. Curtis’s Empirical Analysis

Citation profile

3 federal appellate · 6 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a. Preclusion. A petitioner will not be given relief under this rule based upon any ground: (1) Still raisable on direct appeal under Rule 31 or on post-trial motion under Rule 24; (2) Finally adjudicated on the merits on appeal or in any previous collateral proceeding; (3) Knowingly, voluntarily and intelligently not raised at trial, on appeal, or in any previous collateral proceeding. b. Exceptions. Rule 32.2 shall not apply to claims based on Rules 32.1(d), (e) and (g). c. Inference of Waiver. The court may infer from the petitioner’s failure to appeal or to raise an issue on appeal after being advised by the sentencing judge of the necessity that he do so, or his failure to raise any ground then available to him in a previous Rule 32 proceeding in which he was represented by counsel, that he knowingly, voluntarily and intentionally relinquished the right to do so. d. Standard of Proof. The prosecutor shall plead and prove any ground of preclusion by a preponderance of the evidence; however, the inference of section (c) shall be considered part of the evidence.”

   1 later decision quote this exact passage
   e.g. Stewart v. Smith

2. “[a] claim is precluded that could have been, but was not, raised in a prior appeal or PCR, unless the asserted claim is of sufficient constitutional magnitude.”

   1 later decision quote this exact passage
   e.g. Robert Douglas Smith v. Terry Stewart, Director, Arizona Department of Corrections

3. “lacks sufficient constitutional magnitude to revive an issue.”

   1 later decision quote this exact passage
   e.g. Robert Douglas Smith v. Terry Stewart, Director, Arizona Department of Corrections