Fischer v. State’s Empirical Analysis

Citation profile

56 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. “'(1) The court may determine that the motion, files, and case records conclusively show the prisoner is entitled to no relief and deny the motion summarily; (2) the court may determine from the motion, files, and records that a potentially substantial issue exists, in which case a preliminary hearing may be held. If the court then determines there is no substantial issue, the court may deny the motion; or (3) the court may determine from the motion, files, records, or preliminary hearing that a substantial issue is presented requiring a full hearing.'”

   4 later decisions quote this exact passage · from the dissent
   e.g. White v. State · Makthepharak v. State

2. “'substantial competent evidence does not support a factual finding on which . . . the exercise of discretion is based.'”

   3 later decisions quote this exact passage · from the dissent
   e.g. In re the Care & Treatment of Ritchie · State v. Wetrich

3. “An important consideration in using any alternative to a prisoner's physical presence in the courtroom for an evidentiary hearing . . . must be whether the court can give fair consideration to the particular claims in dispute, as well as the prisoner's ability to meaningfully participate in the proceedings. This includes the capability to consult privately with counsel.”

   1 later decision quote this exact passage · from the dissent
   e.g. In re A.S.