Kalmio v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “district courts are required to dismiss an applicant's claims of ineffective assistance of post-conviction relief counsel in a Uniform Postconviction Procedure Act proceeding.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Kalmio v. State · Jensen v. State

2. “Whether a petitioner received ineffective assistance of counsel is a mixed question of law and fact and is fully reviewable on appeal. Under N.D.R.Civ.P. 52(a), the district court's findings of fact will not be disturbed on appeal unless clearly erroneous. A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if it is not supported by any evidence, or if, although there is some evidence to support the finding, a reviewing court is left with a definite and firm conviction a mistake has been made.”

   1 later decision quote this exact passage · from the dissent
   e.g. Kalmio v. State

3. “ineffective assistance of counsel in a post conviction relief action may include claims against appellate counsel who provided representation on the direct appeal in the criminal proceedings.”

   1 later decision quote this exact passage · from the dissent
   e.g. Jensen v. State