Weaver v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Once the movant shows the trial court there is no evidence in the record to support the petitioner’s claims (and therefore nothing the State can point to in support of its assertion there is no such evidence), the movant has put the petitioner on his proof and a minimal burden has shifted to the petitioner to provide some competent evidence to support his claim. The State is permitted to shift the burden to the petitioner in this manner in those cases in which the State, as movant, would otherwise be required to prove the complete absence of any evidence supporting the petitioner’s claims and allegations in order to meet its initial burden of showing there are no contested issues of fact. In other cases, the movant’s initial burden must still be met before the burden can be shifted to the petitioner to produce evidence prior to the hearing to support his claim.”

   2 later decisions quote this exact passage
   e.g. Vandeberg v. State · Wheeler v. State

2. “Affidavits or other material supporting the application may be attached, but are unnecessary.”

   2 later decisions quote this exact passage
   e.g. Vandeberg v. State · Wong v. State

3. “The procedure followed for a motion for the summary disposition of a petition for post-conviction relief is similar to that followed for a motion for summary judgment.”

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