Fitzpatrick v. State’s Empirical Analysis

Citation profile

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

1. ““The first element of the test which a petitioner must satisfy is that petitioner be “adjudged guilty of an offense in a court of record who has no adequate remedy of appeal...” This phrase does not mean that a petitioner may avail him or herself of the appellate review process, and, when the results are unfavorable, utilize the post-conviction review procedure to, in effect, file numerous and successive “appeals.” The language of the statute for part one of the test clearly intends this form of relief to be available to convicted persons who have not had their sentences reviewed by the appellate court. It is clearly an abuse of the relief procedure to withhold issues which could and should have properly been raised on appeal....””

   1 later decision quote this exact passage
   e.g. State v. Barrack