People v. Jackson’s Empirical Analysis

Citation profile

4 federal appellate · 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(D) Entitlement to Relief. The defendant has the burden of establishing entitlement to the relief requested. The court may not grant relief to the defendant if the motion (1) seeks relief from a judgment of conviction and sentence that still is subject to challenge on appeal pursuant to sub-chapter 7.200 or subchapter 7.300; (2) alleges grounds for relief which were decided against the defendant in a prior appeal or proceeding under this sub-chapter, unless the defendant establishes that a retroactive change in the law has undermined the prior decision; (3)alleges grounds for relief, other than jurisdictional defects, which could have been raised on appeal from the conviction and sentence or in a prior motion under this subchapter, unless the defendant demonstrates (a) good cause for failure to raise such grounds on appeal or in the prior motion, and (b) actual prejudice from the alleged irregularities that support the claim for relief. As used in this subrule, “actual prejudice” means that, (i) in a conviction following a trial, but for the alleged error, the defendant would have had a reasonably likely chance of acquittal; (ii) in a conviction entered on a plea of guilty, guilty but mentally ill, or nolo contendere, the defect in the proceedings was such that it renders the plea an involuntary one to a degree that it would be manifestly unjust to allow the conviction to stand; (iii) in any case, the irregularity was so offensive to the maintenance of a sound judicial proces”

   2 later decisions quote this exact passage · from the majority
   e.g. Guilmette v. Howes · 259 Mich. App. 654 - People v. McSwain

2. “Regardless of whether this claim is a jurisdictional one within the meaning of [Rule] 6.508(D)(3), the defendant is not entitled to relief. Pursuant to [Rule] 6.508(D), “[t]he defendant has the burden of establishing entitlement to the relief requested.” The circuit judge’s second opinion discussed the merits of the juvenile court waiver issue and found it to be without merit. Accordingly, the defendant failed to establish his entitlement to relief. Thus, the defendant has not been deprived of review of that issue by the operation of subrule (D)(3).”

   2 later decisions quote this exact passage · from the majority
   e.g. Guilmette v. Howes · 183 F. Supp. 2d 958 - Brown v. Jamrog

3. “The requirements of showing good cause for failure to raise the issue on direct appeal and prejudice from the alleged error to entitle a defendant to relief are derived from United States Supreme Court decisions involving federal habeas corpus challenges to state convictions and collateral review of federal ones. See Wainwright v. Sykes, 433 U.S. 72 , 97 S.Ct. 2497 , 53 L.Ed.2d 594 (1977); United States v. Frady, 456 U.S. 152 , 102 S.Ct. 1584 , 71 L.Ed.2d 816 (1982); Davis v. United States, 411 U.S. 233 , 93 S.Ct. 1577 , 36 L.Ed.2d 216 (1973).”

   1 later decision quote this exact passage · from the majority
   e.g. Guilmette v. Howes