State v. Vogan’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We have said that motions to dismiss (except upon jurisdictional grounds) are addressed to the discretion of this court, and that we prefer to hear appeals on their merits. 1 When rules have been vio- lated we have refused to dismiss but have given warnings to the Bar. 2 Sometimes we have refused to dismiss when the rule violator had made the correction and was ready to proceed, and no prejudice resulted. 3 In some cases we have refused to dismiss but have assessed substantial costs against the violator. 4 We have re- fused to dismiss an appeal when the default was due solely to the laxity of the attorney, in order not to unduly penalize the client. 5 When no good cause is shown why we should not do so, we have dismissed both civil and criminal appeals for rule violation. 6 In addition, we dismiss both civil and criminal appeals when rule violations prevent us from assuming jurisdiction. 7 Our discretion is exercised in a manner to promote justice.”

   2 later decisions quote this exact passage
   e.g. McCullough v. Swanson · State v. Paulson

2. ““Rule 3(a), N.D.R.App.P., provides that the failure of an appellant to take any steps beyond the filing of a notice of appeal is grounds for such action as the court deems appropriate, and may include dismissal of the appeal.””

   1 later decision quote this exact passage
   e.g. Sigurdson v. Lahr & Lahr, Inc.