40 Ill. 2d 28 - The PEOPLE v. Wegner’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The conflicting representations of the petitioner and the prosecutor created a factual issue as to the claimed occurrence upon which the record casts no helpful light. When a claim of substantial constitutional denial is based on assertions beyond the record it is contemplated by the Post-Conviction Hearing Act that evidence be taken. (See People v. Airmers, 34 Ill. 2d 222, 226 .) Here, no evidentiary hearing was held. None of the three persons who allegedly formed the bargain pursuant to the claimed promise were called to testify nor were present at the proceedings had on the petition. *** We deem that this allegation can be determined to be truthful or otherwise only through an evidentiary hearing, at which the petitioner, the prosecutor and petitioner’s trial counsel can give testimony.” (39 Ill. 2d at 70-71.)”

   1 later decision quote this exact passage · from the majority
   e.g. 192 Ill. App. 3d 943 - People v. Pittman