Recor v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Obviously, without regard to such obvious questions as waiver, there can be no due process violation in the conviction process by what may have happened upon a prior post-conviction proceeding. Happenings upon post-conviction proceedings cannot render the initial judgment of conviction constitutionally void or voidable, which is the threshold predicate for such relief. T.C.A. § 40-3805. Unless the conviction or sentence is void or voidable upon constitutional grounds there can be no post-conviction relief.” (Emphasis in original text).”

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

2. ““Ground 3 complains that an illegally obtained confession was used against him. On the assumed premise that his guilty plea was understanding^ and voluntarily entered, this allegation states no possible basis for relief, because the question was thereby waived. Reed v. Henderson, (6th Cir. 1967), 385 F.2d 995 ; Trolinger v. Russell, 1 Tenn.Cr.App. 525, 446 S.W.2d 538 .””

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

3. “(b)(1) A ground for relief is “waived” if the petitioner knowingly and understandingly failed to present it for determination in any proceeding before a court'of competent jurisdiction in which the ground could have been presented. (2) There is a rebuttable presumption that a ground for relief not raised in any such proceeding which was held was waived.”

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