Nunamaker v. State’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. “"[f]orfeiture is the failure to make a timely assertion of a right, whereas waiver is the 'intentional relinquishment or abandonment of a known right.' " [ Toth v. State , 2015 WY 86A, ¶ 45 , 353 P.3d 696 , 710-11 (Wyo. 2015) ] (quoting United States v. Perez , 116 F.3d 840 , 845 (9th Cir. 1997) (quoting United States v. Olano , 507 U.S. 725 , 733, 113 S.Ct. 1770 , 1777, 123 L.Ed.2d 508 (1993) ) ). A waived error is not subject to appellate review. Toth , ¶ 45, 353 P.3d at 710 (citing United States v. Cornelius , 696 F.3d 1307 , 1319-20 (10th Cir. 2012) ). As further explained in Perez : Forfeiture is the failure to make a timely assertion of a right, whereas waiver is the "intentional relinquishment or abandonment of a known right." Olano , 507 U.S. at 733 , 113 S.Ct. at 1777 (quoting Johnson v. Zerbst , 304 U.S. 458 , 464, 58 S.Ct. 1019 , 1023, 82 L.Ed. 1461 (1938) ). Forfeited rights are reviewable for plain error, while waived rights are not. Id . Perez , 116 F.3d at 845 .”

   1 later decision quote this exact passage
   e.g. Rodriguez v. State

2. “). Prejudice remains a part of the plain error analysis where the invited error was”

   1 later decision quote this exact passage
   e.g. Jackson v. State

3. “intentional relinquishment or abandonment of a known right.”

   1 later decision quote this exact passage
   e.g. Rodriguez v. State