Owens v. State’s Empirical Analysis

Citation profile

46 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. An application for postconviction relief may be denied on the ground that the same claim or claims were fully and finally determined in a previous proceeding. 2. A court may deny relief on the ground of misuse of process. Process is misused when the applicant: a. Presents a claim for relief which the applicant inexcusably failed to raise either in a proceeding leading to judgment of conviction and sentence or in a previous postconviction proceeding; or b. Files multiple applications containing a claim so lacking in factual support or legal basis as to be frivolous.”

   2 later decisions quote this exact passage
   e.g. Clark v. State · Klose v. State

2. “The court may grant a motion by either party for summary disposition if the application, pleadings, any previous proceeding, discovery, or other matters of record show that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.”

   2 later decisions quote this exact passage
   e.g. Davies v. State · Carlson v. State

3. “The party opposing the motion for summary disposition is entitled to all reasonable inferences at the preliminary stages of a post-conviction proceeding, and is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact.”

   2 later decisions quote this exact passage
   e.g. Davies v. State · Carlson v. State