Johnson v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Post-conviction relief proceedings are civil in nature and are governed by the North Dakota Rules of Civil Procedure." Garcia v. State , 2004 ND 81 , ¶ 6, 678 N.W.2d 568 . Rule 15(a), N.D.R.Civ.P., provides, "a party's pleading may be amended only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires." "A decision on a motion to amend a pleading under N.D.R.Civ.P. 15(a) is addressed to the sound discretion of the trial court and will not be overturned on appeal absent an abuse of discretion." Sec. Nat'l Bank v. Wald , 536 N.W.2d 924 , 928 (N.D. 1995). A motion to amend may be denied if the proponent has unnecessarily delayed. Crosby v. Sande , 180 N.W.2d 164 , 171 (N.D. 1970). "Although not binding, federal court interpretations of a corresponding federal rule of civil procedure are highly persuasive in construing our rule." Thompson v. Peterson , 546 N.W.2d 856 , 860 (N.D. 1996). As the United States Supreme Court noted in Foman v. Davis , undue delay may justify a denial of a motion to amend. 371 U.S. 178 , 182, 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962).”

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

2. “Unless a petitioner has knowledge of a defect in [the] conviction or of the means to seek relief from the conviction, [the petitioner] can seldom be said to have delayed unreasonably in seeking relief.... Placing a petitioner on inquiry notice from the date of [the] conviction presumes that the petitioner is aware of defects in [the] conviction on the date it is entered, knows of the means by which [the petitioner] may seek relief from the conviction[,] and, armed with this information, acquiesces in the entry of an invalid conviction. Such a presumption is neither reasonable nor realistic.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Jones v. State

3. “in order to satisfy the `prejudice' requirement, the defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Sambursky v. State