Williams v. Kimes’s Empirical Analysis

Citation profile

20 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The doctrine of the law of the case governs successive appeals involving substantially the same issues and facts, and applies appellate decisions to later proceedings in that case. A previous holding is the law of the case, precluding relitigation of issues on remand and subsequent appeal. The decision of a court is the law of the case for all points presented and decided, as well as all matters that arose before the first adjudication and might have been raised but were not. According to the law of the case doctrine, failure to raise points in a prior appeal means that a court later hearing the case need not consider them. Appellate courts have discretion to consider an issue where there is a mistake, a manifest injustice, or an intervening change of law.”

   3 later decisions quote this exact passage
   e.g. In Re Adoption of NLB · Kieffer v. Icaza

2. “A previous holding is the law of the case, precluding re-litigation of issues on remand and subsequent appeal.”

   1 later decision quote this exact passage
   e.g. In Re Adoption of NLB