Syvertson v. State’s Empirical Analysis

Citation profile

31 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 33 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. 3.Res judicata and misuse of process are affirmative defenses to be pleaded by the state.”

   1 later decision quote this exact passage
   e.g. St. Claire v. State

2. “If the moving party establishes there is no genuine issue of material fact the burden shifts to the nonmoving party to show a genuine issue of fact exists. The resisting party may not merely rely on pleadings or unsupported conclusory allegations. Rather, the resisting party must present competent admissible evidence by affidavit or other comparable means which raises an issue of material fact.”

   1 later decision quote this exact passage
   e.g. Murchison v. State