Moll 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. ““[T]he procedure authorized for the disposition of a motion under K.S.A. 60-1507 does not specifically authorize extensive discovery. Under the specific pleading requirements of K.S.A 60-1507, the policy rationale behind the discovery rules is diminished. In a motion under K.S.A. 60-1507, a prisoner is required to allege the grounds for relief with factual and legal specificity. See Pabst, 287 Kan. at 25 . As a result, the State should be able to determine the factual and legal nature of the movant’s claim from the motion without resort to discovery. Significantly, none of the other discovery provisions of K.S.A. 60-226 were followed in this case.” Moll, 41 Kan. App. 2d at 689 .”

   1 later decision quote this exact passage
   e.g. 42 Kan. App. 2d 522 - LaPOINTE v. State

2. “"Viewing a habeas corpus action under K.S.A. 60-1507 as an independent and original civil proceeding, such an action is terminated by the district court's order either granting or denying relief to the movant. [Citations omitted]. Once a district court has ruled on the relief requested, the civil proceeding has ended, except for any appeal of the decision." ( Emphasis added.) 41 Kan. App. 2d at 681 , 204 P.3d 659 .”

   1 later decision quote this exact passage
   e.g. 56 Kan. App. 2d 470 - Allison v. State

3. “An appeal may be taken to the appellate court as provided by law from the order entered on the motion as from a final judgment on application for a writ of habeas corpus.”

   1 later decision quote this exact passage
   e.g. 56 Kan. App. 2d 470 - Allison v. State