Morgan v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Having concluded that Appellant was abandoned by post-conviction counsel’s failure to file a timely, verified amended motion, we must consider the available remedies. Depending on the circumstances of the case, a cause generally can be remanded with instructions either: (1) for the appointment of new counsel for the filing of an amended motion; or (2) for the motion court to treat the amended motion as timely filed.... Remanding to allow new counsel to file an amended motion is appropriate in situations where appointed counsel filed no motion nor took any action on behalf of the movant, which is not the case before us. Although Appellant takes issue with the sufficiency of the motion’s factual allegations, he does not argue in his Motion to Reopen that counsel failed to raise any known issues. Hence, it can only be said that Appellant was abandoned with regard to the timing of the motion and its verification, but not to the motion’s actual content. As such, the best remedy available to Appellant would be to remand the cause with instructions for the court to treat the previously filed motion as timely. Remanding in this case, however, would serve no purpose because the motion court already addressed the merits of the issues raised in the pro se and amended motions in its original order denying Appellant post-conviction relief. ... Because the motion court fully considered the points raised in both the pro se and amended motion, Appellant was not prejudiced by his counsel’s fa”

   1 later decision quote this exact passage
   e.g. Donny Lee Cox v. State of Missouri