STATE EX REL. KOSTER v. Jackson’s Empirical Analysis
2010
Citation profile
11
cited by 11 later decisions
1
states following
April 2018
most recently cited
11 state decisions
Relationships
Relies on J.C.W. Ex Rel. Webb v. Wyciskalla · State Ex Rel. Simmons v. White · Brown v. State · State Ex Rel. Nixon v. Jaynes · Wiglesworth v. Wyrick
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In this case, Mitchell [ (the habeas petitioner) ] was sentenced as a persistent offender, supported, in part, by a guilty plea to a municipal charge of driving while intoxicated for which Mitchell received a suspended imposition of sentence. Following the interpretation of Section 577.023 provided in Turner , which held that a prior municipal offense resulting in a suspended imposition of sentence could not be used to enhance punishment, the State failed to demonstrate Mitchell was a persistent offender. Thus, the sentencing court exceeded its authority in sentencing Mitchell to five years of imprisonment as a persistent offender because the factual predicate necessary to place Mitchell in this enhanced statutory range of punishment was lacking.”
1 later decision quote this exact passage“A defendant who fails to raise a challenge to his conviction on direct appeal or in a timely post-conviction proceeding is said to have procédurally defaulted on those claims. Procédurally defaulted claims cannot be raised in a petition for writ of habeas corpus unless: (1) the claim relates to a jurisdictional issue; or (2) the petitioner establishes a showing by the preponderance of the evidence of actual innocence, that would meet the manifest injustice standard for habeas relief under Missouri law, (a “gateway of innocence claim”); or (3) the petitioner establishes cause for failing to raise the claim in a timely manner and prejudice from the constitutional error asserted, (a “gateway cause and prejudice claim”).”
1 later decision quote this exact passage“either quash the writ [of habeas corpus] or uphold the actions of the habeas court.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.