Peña v. State’s Empirical Analysis
2004
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently May 2021 · most notably Stanley v. Lemire (2006), Lorang v. Fortis Insurance (2008)
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 Calderon v. United States District Court · State v. Redcrow · In Re the Marriage of Miller · State v. Pope · Morrison v. Mahoney
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“¶ 41 If, as the Court concludes, the statute is jurisdictional, then it would be absolute in its application since it is axiomatic that subject matter jurisdiction can never be waived. See In re Marriage of Miller (1993), 259 Mont. 424, 427 , 856 P.2d 1378, 1380 . Unlike a jurisdictional bar, this statute is subject to exceptions and to waiver. There is a statutory exception for a”
1 later decision quote this exact passagee.g. Pena v. State“State v. Redcrow, 1999 MT 95, ¶ 34 , 294 Mont. 252, ¶ 34 , 980 P.2d 622, ¶ 34 . Other than correctly pointing out that neither exception applies here because Peña does not make a claim that he is actually or legally innocent, the Court fails to discuss the inconsistency of holding that a statutory bar which is subject to exceptions or to waiver is, nonetheless,”
1 later decision quote this exact passagee.g. Pena v. State“claim. Section 46-21-102(2), MCA. We have interpreted this exception as encompassing petitions which allege that the defendant is”
1 later decision quote this exact passagee.g. Pena v. State
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.