State v. Hyman’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'A defendant who seeks relief by motion for appropriate relief must show the existence of the asserted grounds for relief,' with 'the moving party ha[ving] the burden of proving by a preponderance of the evidence every fact essential to support the motion[.]'”

   2 later decisions quote this exact passage · from the dissent
   e.g. 263 N.C. App. 676 - State v. Nixon · 263 N.C. App. 310 - State v. Hyman

2. “'is not a general rule that any claim not brought on direct appeal is forfeited on state collateral review' and requires the reviewing court, instead, 'to determine whether the particular claim at issue could have been brought on direct review.'”

   2 later decisions quote this exact passage · from the dissent
   e.g. 263 N.C. App. 510 - State v. Casey · 263 N.C. App. 310 - State v. Hyman

3. “[u]pon a previous appeal the defendant was in a position to adequately raise the ground or issue underlying the present motion but did not do so.”

   2 later decisions quote this exact passage · from the dissent
   e.g. 263 N.C. App. 510 - State v. Casey · 263 N.C. App. 310 - State v. Hyman