Lujan v. State’s Empirical Analysis

Citation profile

54 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"First, it may determine that the motion, files, and records of the case conclusively show that the petitioner is entitled to no relief, in which case it will summarily deny the petitioner's motion. Second, the court may determine from the motion, files, and record that a substantial issue or issues are presented, requiring a full evidentiary hearing with the presence of the petitioner. Third, the court may determine that a potentially substantial issue or issues of fact are raised in the motion, supported by the files and record, and hold a preliminary hearing after appointment of counsel to determine whether in fact the issues in the motion are substantial. In the event the court determines that the issue or issues are not substantial, the court may move to a final decision without the presence of the petitioner. If the issue or issues are substantial, involving events in which the petitioner participated, the court must proceed with a hearing involving the presence of the petitioner." ( Emphasis added.) 270 Kan. at 170 -71 , 14 P.3d 424 .”

   6 later decisions quote this exact passage · from the majority
   e.g. Breedlove v. State · Bellamy v. State

2. “[t]he court may entertain and determine such motion without requiring the production of the prisoner at the hearing.”

   3 later decisions quote this exact passage · from the majority
   e.g. Breedlove v. State · 41 Kan. App. 2d 764 - Fischer v. State

3. ““[I]t is clear that where such a hearing is conducted and substantial issues of fact exist as to events in which the petitioner had participated, the petitioner must be allowed to be present. Prior to the hearing, Lujan asked to be present. The district court-denied his motion. However, this denial was not based on the district court’s conclusion that no substantial factual issues had been raised regarding events in which Lujan had participated. Rather, the district court decided that Lujan’s presence was unnecessary because an affidavit regarding his testimony would suffice. Under the circumstances of this case, the presence of the petitioner was not a question subject to the court’s discretion. The petitioner was entitled to be present under the law of this state.’’ (Emphasis added). 270 Kan. at 171 .”

   1 later decision quote this exact passage · from the majority
   e.g. 41 Kan. App. 2d 764 - Fischer v. State