Karenev v. State’s Empirical Analysis

Citation profile

63 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'presumed to be constitutional until it is determined otherwise.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Ex parte Beck · Smith, Fredrichee Douglas

2. “• Karenev simply stands for the proposition that a facial challenge to the constitutionality of a statute cannot be raised for the first time on appeal. • Massoth involved a criminal defendant who lodged a generalized objection under Apprendi to his two life sentences being stacked by the trial court. There, this court held a generalized objection was insufficient to preserve the issue for appeal; contrary to the panel opinion's implication, however, Massoth neither involved nor mentioned an alleged "illegal sentence". 3 • Ex parte Beck involved an exception to the general rule concerning waiver when the statute at issue has already been declared unconstitutional, but did not involve or mention illegal sentences.”

   1 later decision quote this exact passage · from the majority
   e.g. Moliere v. State

3. “The State and the trial court should not be required to anticipate that a statute may later be held to be unconstitutional.”

   1 later decision quote this exact passage · from the majority
   e.g. Ex parte Beck