State v. Conley’s Empirical Analysis

Citation profile

65 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “may not be used to breathe new life into an appellate issue previously adversely determined”

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Robertson · State v. Lewis

2. ““The court may correct an illegal sentence at any time. The defendant shall receive full credit for time spent in custody under the sentence prior to correction. The defendant shall have a right to a hearing, after reasonable notice to be fixed by the court, to be personally present and to have the assistance of counsel in any proceeding for the correction of an illegal sentence.””

   2 later decisions quote this exact passage · from the majority
   e.g. 43 Kan. App. 2d 800 - State v. Dawson · State v. Murdock

3. ““While it would simplify matters for all courts and litigants if we were to adopt a bright-line rule that counsel be appointed for all post-trial motions, such a rule would not appear to be feasible or justified. Obviously, counsel should be appointed in cases where the motion raises substantial questions of law or triable issues of fact requiring an evidentiary hearing, legal arguments, and/or briefs of tire parties. It appears just as obvious that if the motion . . . fails to state any substantial issues of law or fact, or states sufficient facts to allow a determination based upon die motion itself, then appointment of counsel and the holding of a hearing would be unwarranted.” 247 Kan. at 584-85 .”

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