McFadden v. State’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because Mr. McFadden did all he could to express an intent to seek relief under Rule 29.15, took all steps to secure this review, and was free of responsibility for the failure to comply with the requirements of the rule, this Court found that such “active interference ” on the part of postconviction counsel constituted abandonment. Id.”

   2 later decisions quote this exact passage
   e.g. Price v. State · Fields v. State

2. “The precise circumstances, in which a motion court may find abandonment, are not fixed, but in general abandonment is available when (1) post-conviction counsel takes no action on a movant’s behalf with respect to filing an amended motion and as such the record shows that the movant is deprived of a meaningful review of his claims; or (2) when post-conviction counsel is aware of the need to file an amended post-conviction relief motion and fails to do so in a timely manner.”

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

3. “Certainly, the state is correct that Bul-lard held that ineffective assistance of counsel in informing his client when a post-conviction motion is due does not constitute abandonment. That is not what occurred here, however: the public defender accurately told Mr. McFadden when his motion had to be filed, but she then told him to give it to her for filing and then simply abandoned that undertaking. Bullard, thus, is not disposi-tive.”

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