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← 2005 ND 188 - Johnson v. State

Johnson v. State’s Empirical Analysis

2005

Citation profile

7
cited by 7 later decisions
1
states following
July 2019
most recently cited

6 state decisions

Relationships

Relies on Vandeberg v. State · Johnson v. State · Berlin v. State · Jensen v. State · Kouba v. State

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

  1. “1. The court, on its own motion, may enter a judgment denying a meritless application on any and all issues raised in the application before any response by the state. The court also may summarily deny a second or successive application for similar relief on behalf of the same applicant and may summarily deny any application when the issues raised in the application have previously been decided by the appellate court in the same case. .... 3. 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.”
    1 later decision quote this exact passage
  2. “The party opposing a 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. However, once the moving party has initially shown there is no genuine issue of material fact, the burden shifts to' the opposing party to demonstrate that there is a genuine issue of material fact. The party opposing' the motion may not merely rely upon thé pleadings or upon unsupported, conclusory allegations, but 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
  3. “[a]ffidavits or other material supporting the application may be attached, but are unnecessary.”
    1 later decision 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.