Fuster v. State’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appointment of Counsel. If the court finds that a petitioner who has requested the appointment of counsel is indigent, the court shall appoint counsel within 30 days after the State has filed its answer unless (1) the court denies the petition as a matter of law or (2) counsel has already filed an appearance to represent the petitioner.”

   2 later decisions quote this exact passage
   e.g. Wallace v. State · Simms v. State

2. “[i]f the results of the postconviction DNA testing are favorable to the petitioner,” then the court must find “that a substantial possibility exists that the petitioner would not have been convicted if the DNA testing results had been known or introduced at trial,” before ordering a new trial. CP § 8-201(i)(2)(iii) (emphasis added). Because this "substantial possibility” standard relates to whether the outcome of the petitioner's trial would have been different, it is a higher threshold than the "reasonable probability”

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

3. “(i) a reasonable probability exists that the DNA testing has the scientific potential to produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing; and (ii) the requested DNA test employs a method of testing generally accepted within the relevant scientific community.”

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