State v. Meers’s Empirical Analysis

Citation profile

2 federal appellate · 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In [State v.] McCracken, [ 260 Neb. 234 , 615 N.W.2d 902 (2000), abrogated on other grounds, State v. Thomas, 262 Neb. 985 , 637 N.W.2d 632 (2002),] we specifically rejected the State’s contention that the power conferred by the [Nebraska Postconviction Act] is limited to either setting aside a criminal judgment because of a violation of the defendant’s constitutional rights or denying postconviction relief entirely. We held that in addition to the district court’s express statutory power to void the entire criminal proceedings, a district court had implicit authority to grant a new direct appeal “where the evidence establishes a denial or infringement of the right to effective assistance of counsel at the direct appeal stage of the criminal proceedings.””

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

2. “When a postconviction claim of ineffective assistance of counsel is based solely upon counsel’s failure to perfect an appeal from a conviction, a new direct appeal permits restoration of the convicted defendant’s rights and status at the time of counsel’s deficient performance by affording the full statutory time to perfect and prosecute a direct appeal while not disturbing the conviction, unless the appeal discloses reversible error.”

   1 later decision quote this exact passage
   e.g. 15 Neb. Ct. App. 398 - State v. Murphy