Sandy v. Schriro’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Burlew appeals. Standard of Review In reviewing the court’s dismissal of appellant’s declaratory judgment action, we deem all facts pleaded to be true, liberally construe the petition’s averments, and draw all reasonable and fair inferences therefrom. We review the allegations set forth in the petition in order to determine whether principles of substantive law are invoked, which, if proved, would entitle petitioner to declaratory relief. If so, then the petition is sufficient and cannot be dismissed for failure to state a claim. In other words, if the petition contains facts, not mere conclusions, supporting its allegations, and those facts demonstrate a justiciable controversy, then we will reverse the court’s dismissal and remand the cause to the court for a determination of the parties’ rights.”

   1 later decision quote this exact passage
   e.g. Burlew v. Missouri Department of Corrections

2. “A motion to dismiss for failure to state a cause of action is solely a test of the adequacy of the plaintiff’s petition. It assumes that all of plaintiffs averments are true, and liberally grants to plaintiff all reasonable inferences therefrom. No attempt is made to weigh any facts alleged as to whether they are credible or persuasive. Instead, the petition is reviewed in an almost academic manner, to determine if the facts alleged meet the elements of a recognized cause of action, or of a cause that might be adopted in that case. (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. Monroe v. Missouri Department of Corrections