State v. Davisson’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'implies something more than the unintentional inadvertence or neglect common to all who share the ordinary frailties of mankind.'”

   3 later decisions quote this exact passage · from the majority
   e.g. 56 Kan. App. 2d 1225 - State v. Gonzalez · State v. Ellington

2. “(1) arbitrary, fanciful, or unreasonable, i.e., no reasonable person would take the view adopted by the trial court; (2) based on an error of law, i.e., the discretion is guided by an erroneous legal conclusion; or (3) based on an error of fact, i.e., substantial competent evidence does not support a factual finding on which a prerequisite conclusion of law or the exercise of discretion is based.”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Marriage of Kidane & Araya · State v. Ellington

3. “'Excusable neglect requires some justification for an error beyond mere carelessness or ignorance of the law on the part of the litigant or his attorney.'”

   2 later decisions quote this exact passage · from the majority
   e.g. 56 Kan. App. 2d 1225 - State v. Gonzalez · State v. Ellington