Winstead v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Failing to recognize the factual or legal basis for a claim or failing to raise a claim despite recognizing it does not constitute good cause for not bringing an issue to the court's attention.”

   2 later decisions quote this exact passage
   e.g. Joel Randy Ferguson v. The State of Wyoming · Donald Gee v. The State of Wyoming

2. “In addition to the same-elements test, this Court has also considered a merger doe- trine that allows for the consideration of other factors: The question of merger as a bar to multiple sentences for the same act, however, summons a more complex appellate standard of review. As a practical matter, in appeals alleging imposition of multiple sentences for a single act, the focus necessarily expands to embrace those facts proven at trial. The ultimate question - becomes whether those facts reveal a single eriminal act or multiple and distinct offenses against the victim or victims and hence the State.”

   1 later decision quote this exact passage
   e.g. Ivan Lee Sweets, Sr. v. The State of Wyoming