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← 1999 ND 64 - State v. Burckhard

State v. Burckhard’s Empirical Analysis

1999

Citation profile

18
cited by 18 later decisions
3
states following
February 2020
most recently cited

18 state decisions

How this case has been cited

Cited by 18 later decisions — most recently February 2020

18 state decisions

1401999200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Serbian Eastern Orthodox Diocese for United States and Canada v. Milivojevich · United States v. Bartsh · Tom Beuchler Construction, Inc. v. City of Williston · Presbytery of Bismarck v. Allen · State v. Burckhard

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

  1. ““The law-of-the-case doctrine is ‘the principle that if an appellate court has passed on a legal question and remanded the cause to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same.’ State v. Burckhard, 1999 ND 64, ¶ 7 , 592 N.W.2d 523 (quoting Tom Beuchler Constr. v. City of Williston, 413 N.W.2d 336, 339 (N.D.1987)). ‘The mandate rule, a more specific application of law of the case, requires the trial court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the [appellate court’s] mandate into effect according to its terms.... and we retain the authority to decide whether the district court scrupulously and fully carried out our mandate’s terms.’ Carlson v. Workforce Safety and Ins., 2012 ND 203 , ¶ 16, 821 N.W.2d 760 (quoting Burckhard , at ¶ 7).””
    3 later decisions quote this exact passage

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.