State v. Falkner’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. “[ineffectiveness of counsel was considered by this court in defendant’s direct appeal, in which he appeared pro se and was also represented by counsel. State v. Falkner, 218 Neb. 896 , 360 N.W.2d 482 (1984). This court has consistently held that the Postconviction Act cannot be used as a substitute for appeal or as a further review of issues already litigated. [Citations omitted.] In raising the question of ineffectiveness of counsel on direct appeal, as he did, defendant could have litigated the questions of alleged failure of counsel to challenge the racial composition of the trial jury and the claimed ineffective cross-examination of the State’s witnesses. A motion for postconviction relief may not raise questions which were or could have been raised on direct appeal.”

   1 later decision quote this exact passage · from the majority
   e.g. 2 Neb. Ct. App. 946 - State v. Vann