Furgison v. State’s Empirical Analysis

Citation profile

2 federal appellate · 17 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Tjrial judges should inceptionally read the often inartfully drawn application in a light most favorable to the applicant. In event it thus appears a substantial issue of law or fact muy exist, then counsel should be at once appointed.”

   6 later decisions quote this exact passage
   e.g. State v. Grady · Leonard v. State

2. ““If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing, and legal services, these costs and expenses shall be made available to the applicant in the preparation of the application, in the trial court, and on review.” (Emphasis added).”

   2 later decisions quote this exact passage
   e.g. Leonard v. State · Dodd v. State

3. “At the outset Furgison clearly relies on [the default provisions of] Iowa Rule of Civil Procedure 230 _ But a reading of Code ch. 663A in its entirety, reveals no provision is thereby specifically or inferentially made for default in event the State should fail to respond within 30 days. Thus, statutory provision is significantly lacking for entry of default or judgment thereon in postcon-viction review proceedings. [[Image here]] In the same vein it is self-evident a default could in no event breathe life into an otherwise meritless application. Consequently, default procedures are inconsistent with and would serve no useful purpose in our postconviction review process.”

   1 later decision quote this exact passage
   e.g. Hartvigsen v. Iowa Department of Transportation, Motor Vehicle Division