Weir v. State’s Empirical Analysis
1975
Citation profile
28 state decisions
How this case has been cited
Cited by 29 later decisions (1 by the Supreme Court) — most recently February 2010 · most notably Lewis v. United States (1980), 705 So. 2d 1059 - Peart v. State (1998)
28 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Johnson v. Zerbst · Gideon v. Wainwright · Argersinger v. Hamlin · Loper v. Beto · Arsenault v. Commonwealth of Massachusetts
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The customary vehicle for post-conviction relief is Rule 3.850, [Fla. R.Crim. P.]. By its terms, this rule is applicable only to persons in custody. The custody required by the rule need not be under the sentence being attacked where the movant contends the sentence he is serving was enhanced by the conviction he seeks to have set aside.”
1 later decision quote this exact passage“[o]nce you admit that Gideon is retroactive, it is hard to make a distinction between a person attacking his conviction on Gideon grounds who is still in custody and one making the same attack who has already served his term.”
1 later decision quote this exact passagee.g. Vonia v. State“at the time of the entry of his judgment and sentence he was a youth of twenty years of age, uneducated in the law and without any funds with which to obtain legal assistance in his defense.”
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.