State v. Davis’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Issues not briefed are deemed waived or abandoned.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Waldschmidt · In re N.E.

2. “Excusable neglect is a procedural standard that permits a defendant to seek to withdraw a plea out of time. Manifest injustice is the substantive standard used to determine whether a motion to withdraw a plea should be granted or denied. The procedural timeliness fork-in-the-road comes first along this particular analytical path. In other words, if a motion to withdraw a plea is filed outside the one-year time limitation, courts must decide whether a defendant has shown excusable neglect before reaching the question of whether manifest injustice requires that a defendant be permitted to withdraw a plea.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Ellington

3. “only upon an additional, affirmative showing of excusable neglect by the defendant.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Ellington