Veneri v. State’s Empirical Analysis

Citation profile

2 federal appellate · 7 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This provision of Rule 27.26 recognizes that a defendant is not limited to a single application for relief under Rule 27.26. The trial court was obliged to consider the second application of movant in light of 27.26(d). Insofar as the record here shows, the trial court did not do so but dismissed the second motion on the grounds that it asked for similar relief as the first motion. This is not a proper basis for refusal of the second motion. In view of the nature of the review in this court, the cause must be remanded to the trial court with directions to consider the motion in light of Rule 27.26(d) insofar as it permits movant to explain the reason for the second motion. Any disposition of the motion upon reconsideration should also take into consideration the requirement of 27.26(i): ‘The court shall make findings of fact and conclusions of law on all issues presented whether or not a hearing is held.’ (emphasis ours)”

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

2. “In Moreland , the petitioner had not received that to which he is entitled — an evidentiary hearing — and it was to recti fy that error that this court reversed and ordered a hearing. Here, appellants had their evidentiary hearing on their first motion and findings of fact were made and judgments entered. In these circumstances, State v. Moreland, supra, does not necessarily require the trial court to hold an evidentiary hearing on the second motion.”

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