Seevers v. Potter’s Empirical Analysis
1995
Citation profile
63 state decisions
How this case has been cited
Cited by 67 later decisions — most recently December 2022 · most notably 25 Cal. 4th 1194 - Coscia v. McKenna & Cuneo (2001), Van Ackeren v. NEBRASKA BOARD OF PAROLE (1997)
63 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Carmel v. Lunney · Gebhardt v. O'ROURKE · Rosnick v. Marks · Anderson v. Nashua Corp. · Barks v. Cosgriff Co.
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Slituations are numerous where a criminal matter is pending before a court, and a related civil suit arising out of that erimi-nal matter is also pending. Commonly, the court presented with the civil suit will yield to the criminal matter, allowing it to proceed so that the rights of the criminal defendant will not be infringed. Thus, the civil and criminal cases proceed along separate tracks, without danger that the two will collide producing waste of judicial resources or unfairness to the criminal defendant. The "two track" approach adopted today recognizes that a criminal defendant who has initiated postconviction relief proceedings should have knowledge sufficient to have discovered his claim against his initial defense attorney for statute of limitation purposes. In order to put the defense attorney on notice that he will have to defend against a malpractice claim, and thereby honor the policies underlying the statute of limitations, the criminal defendant must file his malpractice complaint within [the statutory period]. With his claim preserved, he can and should seek a stay in the civil suit until the criminal case is resolved. The trial court handling the civil suit would have disceretion regarding whether the stay would continue until judgment in the criminal matter is final or, if after the initial judgment on postconviction relief, justice would permit going forward with the civil suit while the appeal process in the eriminal matter continues until final determi”
2 later decisions quote this exact passage“[Njeither the trial court nor this court was asked to address whether Seevers may maintain an action for legal malpractice under the facts set forth in his petition, since he obtained only a reduction in sentence rather than an acquit tal. Rather, we are asked to determine only whether Seevers’ imprisonment tolled the statute of limitations. An appellate court will not consider on appeal an issue that was not presented to or passed upon by the trial court. Thus, for the purposes of this opinion, we assume, without deciding, that Seevers had pled a viable cause of action.”
2 later decisions quote this exact passage“The Gebhardt court recognized that the policy arguments set forth in the Shaw [I ] decision addressed some substantial concerns with regard to the conflict between simultaneous criminal postconviction actions and civil malpractice actions involving the same issues. However, the Gebhardt court analyzed the situation in a manner that provided a strict reading of the statute of limitations while addressing the problems posed by multiple litigations----”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.