Gray v. Swenson’s Empirical Analysis

Citation profile

2 federal appellate · 3 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “ORDERED that if petitioner, pursuant to orders entered by the Supreme Court of Missouri that are similar in substance to the orders entered on August 7, 1967 in Garton v. Missouri, elects to file a Missouri Rule 27.26 motion in the Circuit Court of New Madrid County, Missouri, the Supreme Court of Missouri may defer the appointment of appellate counsel and the processing of the new direct appeal until the Circuit Court of New Madrid County shall have processed the Missouri Rule 27.26 motion pursuant to the provisions of amended Missouri Rule 27.26 and the directions of the Supreme Court of Missouri as contained in the last paragraph of State v. Stidham, Mo.Sup., 415 S.W.2d 297 . Thereafter any appeal from the granting or denial of such motion may be consolidated with and heard by the Supreme Court of Missouri with petitioner’s deferred new direct appeal. In this event, the writ shall not issue pending the determination of the consolidated appeals by the Supreme Céurt of Missouri. [Id at 919].”

   1 later decision quote this exact passage · from the majority
   e.g. Gray v. Swenson

2. “The pleadings filed by petitioner in the Supreme Court of Missouri in this case, as in many in the volume of posteonviction cases processed by this Court, show that petitioner improperly attempted to raise federal questions in that court in addition to the denial of appellate counsel question that was properly presented to that Court. If petitioner follows the pattern established in other cases, he will attempt to present those additional questions to this Court before the Missouri courts will have been given a proper opportunity to pass on the merits of those questions. Under established available Missouri posteonviction procedures, the additional questions that petitioner improperly sought to inject in his motion to recall mandate filed in the Supreme Court of Missouri are questions that may properly be raised only in a State trial court proceeding pursuant to amended Missouri Rule 27.26.”

   1 later decision quote this exact passage · from the majority
   e.g. Gray v. Swenson

3. “The practical effect of the Supreme Court of Missouri’s action in Garton was to afford the petitioner in that case an opportunity before that court heard and determined petitioner’s new direct appeal, to elect to raise in the State trial court and to later present to the Supreme Court of Missouri for it decision on the merits, any and all posteonviction grounds, both State and federal, known to the petitioner and his counsel for vacating, setting aside or correcting his sentence. [ 271 F.Supp. at 918 .]”

   1 later decision quote this exact passage · from the majority
   e.g. Gray v. Swenson