Laymon 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]o the extent a decision is based only upon the ‘motion, files, and record’ of a case, an appellate court is as equipped as a district court to decide the issues efficiently and reliably, and both this court and the Court of Appeals routinely engage in de novo review of summary denials of 60-1507 motions while giving lip service to the abuse of discretion standard. [Citation omitted.]” 280 Kan. at 437 .”

   3 later decisions quote this exact passage · from the majority
   e.g. Trear v. Chamberlain · Bellamy v. State

2. ““ In an appeal from a criminal conviction, appellate counsel should carefully consider the issues, and those that are weak or without merit, as well as those which could result in nothing more than harmless error, should not be included as issues on appeal. Likewise, the fact that the defendant requests such an issue or issues to be raised does not require appellate counsel to include them. Conscientious counsel should only raise issues on appeal which, in the exercise of reasonable professional judgment, have merit.’ ” 280 Kan. at 440 .”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 38 Kan. App. 2d 667 - Scott v. Werholtz · Holmes v. State

3. “a lawyer's failure to foresee a change in the law may lead to 60-1507 relief if the failure was not objectively reasonable.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 45 Kan. App. 2d 559 - Crowther v. State · Stewart v. State