Bellamy v. State’s Empirical Analysis

Citation profile

106 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 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““the appropriate standard of review is findings of fact and conclusions of law. Under this standard, an appellate court must determine whether the district court’s factual findings are supported by substantial competent evidence and whether those findings are sufficient to support the district court’s conclusions of law. [Citation omitted.] Ultimately, the district court’s conclusions of law and its decision to grant or deny the 60-1507 motion are reviewed using a de novo standard. [Citation omitted.]” Bellamy v. State, 285 Kan. 346, 355 , 172 P.3d 10 (2007).”

   2 later decisions quote this exact passage · from the majority
   e.g. 38 Kan. App. 2d 886 - Silvers v. State · Khalil-Alsalaami v. State

2. ““the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or is otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack ....” K.S.A. 60-1507(b).”

   2 later decisions quote this exact passage · from the majority
   e.g. Rowland v. State · Briseno v. State

3. ““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 tire 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.” Lujan, 270 Kan. at 170-71 .”

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