Engram v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]his court has never held that the ninety-day time limitation of Rule 37.5(e) is an absolute jurisdictional bar. [[Image here]] This court in Jackson [v. State, 343 Ark. 613 , 37 S.W.3d 595 (2001) ] refused to hold |,^that the time limits of Rule 37.5(e) create an absolute procedural bar to the belated filing of a postconviction petition in a capital case. The court in Jackson further explained as follows: Porter [v. State, 339 Ark. 15 , 2 S.W.3d 73 (1999) ], and the cases that follow suggest that Rule 37.5 requires a heightened standard of review of capital cases because the State has undertaken, via Act 925 of 1997 and Rule 37.5, to provide collateral relief so as “to eliminate the need for multiple federal habeas corpus proceedings in death cases.” Again, while there is no constitutional right to a postconviction proceeding, when the State undertakes the role of providing such, as it has done here, it must comport with due process and be fundamentally fa^r'”

   1 later decision quote this exact passage · from the majority
   e.g. Thomas v. State