State v. Wagner’s Empirical Analysis

Citation profile

22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under the law of the case doctrine, a prior Montana Supreme Court decision resolving an issue between the same parties is binding and may not be reliti-gated. In re Estate of Snyder, 2009 MT 291, ¶ 6 , 352 Mont. 264 , 217 P.3d 1027 ; Murphy Homes, Inc. v. Muller, 2007 MT 140, ¶ 56 , 337 Mont. 411 , 162 P.3d 106 ; Muri v. Frank, 2003 MT 316, ¶ 11 , 318 Mont. 269 , 80 P.3d 77 . This doctrine “ ‘expresses the practice of courts generally to refuse to reopen what has been decided.’ ” Murphy Homes, ¶ 56 (quoting Fiscus v. Beartooth Elec. Coop., 180 Mont. 434, 436 , 591 P.2d 196, 197 (1979)). Like res judicata, the law of the case doctrine is based on policies of judicial economy and finality of judgments. Muri , ¶ 11.”

   1 later decision quote this exact passage · from the majority
   e.g. Cini v. Viscomi & Gersh, PLLP (In re Cini)

2. “When this Court, in deciding a case presented, states a principle or rule of law necessary to the decision, such pronouncement becomes the law of the case and must be adhered to throughout its subsequent progress, both in the trial court and upon subsequent appeal.”

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

3. “To amount to a denial of due process, evidence that is negligently destroyed must be material and of substantial use, vital to the defense, and exculpatory.”

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