Barnes v. State’s Empirical Analysis

Citation profile

2 federal appellate · 30 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(3) a proceeding under section 60-1507 cannot ordinarily be used as a substitute for direct appeal involving mere trial errors or as a substitute for a second appeal. Mere trial errors are to be corrected by direct appeal, but trial errors affecting constitutional rights may be raised even though the error could have been raised on appeal, provided there were exceptional circumstances excusing the failure to appeal.””

   3 later decisions quote this exact passage · from the majority
   e.g. Hannon v. State · Davis v. State

2. ““. . . To avoid proliferating litigation and give meaningful review in such cases, this court has attempted to consider points raised by persons accused of crime at the first opportunity, where it appears they are entitled to a review. Accordingly, the ‘exceptional circumstances’ affording review in a 1507 proceeding where the errors have not been raised on appeal, have in the past been rather loosely construed. . . .” (l. c. 351.)”

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