State v. Rust’s Empirical Analysis

Citation profile

2 federal appellate · 6 district · 53 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In an effort to prevent justice from being appealed to extinction under the provisions of the Postconviction Act, we have held that once a motion for postconviction relief has been judicially determined, any subsequent motion for such relief from the same conviction and sentence may be dismissed unless the motion affirmatively shows on its face that the basis relied upon for relief was not available at the time of the filing of the prior motion. [Citations omitted.] Moreover, postconviction relief may not be used to secure a review of issues which were capable of being raised in a direct appeal. [Citation omitted.]”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Evans · State v. Harper

2. “The evidence submitted to the sentencing court establishes that the defendant did not have, prior to the death of James Thimm, a prior conviction of another murder or a crime involving the use or threat of violence to the person. However, the facts surrounding the death of Luke Stice actually predated the death of James Thimm by approximately one month. Although, the first clause of this aggravating circumstance is not applicable, the Court feels that the second clause of the aggravating circumstance is applicable. The Court finds from the evidence that the following facts, which facts are not all inclusive, support the finding beyond a reasonable doubt that Michael W. Ryan had a substantial history of serious assaultive or terrorizing criminal activity: a) Michael W. Ryan either spanked and beat Luke Stice, or directed others to do this; b) Michael W. Ryan either administered cold showers to Luke and held him under cold water or directed that this be done to Luke; c) Michael W. Ryan directed others to sexually abuse Luke Stice; d) Michael W. Ryan used Luke Stice as an ashtray; e) Michael W. Ryan rolled Luke around in the snow without any clothes on or directed others to do this to Luke; f) Michael W. Ryan spit in the mouth of Luke Stice; g) Michael W. Ryan shot chickens in the presence of Luke Stice to create in him a fear of guns or directed that this be done to Luke; h) Michael W. Ryan terrorized Luke Stice by placing a gun in his mouth and also by shooting him in the arm;”

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

3. “The purpose of affording post conviction relief is not to permit the defendant endless appeals on matters already decided. Rather, the purpose is to correct errors of constitutional proportion which could not otherwise be raised on direct appeal, such as ineffectiveness of counsel who brought the direct appeal in the first place. We have repeatedly held that a motion for post conviction relief cannot be used as a substitute for an appeal or to secure a further review of issues already litigated. Furthermore, we have held that a petitioner in a post conviction proceeding may not raise questions which could have been raised on direct appeal unless the questions are such that they would make the judgment of conviction void or voidable under the state or federal Constitution. We have further held that matters already litigated or which could have been raised on direct appeal are not properly included in an action seeking post conviction relief.”

   1 later decision quote this exact passage · from the majority
   e.g. Brown v. Grammer