State v. Wheeler’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is a well established principle of Maine appellate procedure in criminal proceedings that questions not properly raised so as to have been considered and ruled upon by the trial judge will not be considered and passed upon for the first time on appeal. The foundation must be laid in the trial court for appellate review of the claim of error pressed in the Supreme Judicial Court [sitting as the Law Court], “We have recognized exceptions to the rule when the error complained of is so highly prejudicial and so taints the proceeding as virtually to deprive the aggrieved party of a fair trial, [citations omitted] “We may conclude that an appellate court may consider questions raised for the first time on appeal if necessary to serve the ends of substantial justice or prevent the denial of fundamental rights.””

   1 later decision quote this exact passage
   e.g. Poitraw v. State

2. ““the United States Supreme Court agrees that our federal Constitution neither prohibits nor requires that retrospective effect be given to new legal concepts in the field of criminal jurisprudence made by court decisions changing the rules and law in existence at the time of trials, even in cases involving issues of constitutional dimension, provided that the reliability of the guilt-determining process is not seriously impugned. It may decree in appropriate cases in the interest of justice that newly announced rules in criminal procedure be applied prospectively only. Linkletter v. Walker, 1965, 381 U.S. 618, 629 , 85 S.Ct. 1731, 1737 , 14 L.Ed.2d 601 ; Tehan v. United States, 1966, 382 U.S. 406 , 86 S.Ct. 459, 461 , 15 L.Ed.2d 453 .” (Emphasis supplied).”

   1 later decision quote this exact passage
   e.g. Poitraw v. State

3. “Wheeler’s conviction was the product of a type of procedure foreign to due process and governmental fair play with probability of resulting injustice to be frowned upon by a good and just order of criminal jurisprudence, the ends of justice demand that we grant appellate relief and set aside the conviction below.”

   1 later decision quote this exact passage
   e.g. State v. Schofield