Public-domain · open source
OpenJurist
← 495 NW2D 132 - Origer v. State

Origer v. State’s Empirical Analysis

1992

Citation profile

1
cited by 1 later decisions
1
states following
October 2013
most recently cited

1 state decisions

Relationships

Relies on Strickland v. Washington · Hinkle v. State · State v. Risdal · State v. Cott · Washington v. Scurr

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

  1. “In April 1985, Lori Engleson was interviewed by the [police]. She reported that she overheard Mary Jo Payne say she knew who killed the people in Forest City---- The defense counsel for Origer relied extensively on the investigations conducted by the [police]. Although the Lori Engleson statement was available to defense counsel before trial, defense counsel never conducted any independent investigations into the substance and validity of her allegations. Again, defense counsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary. We agree with the findings of the district court that, had defense counsel followed up on the Engleson statement, defense counsel would have obtained the information set forth in the testimony of Mary Jo and Billy Payne. [18] Such testimony would have been consistent with Origer’s alibi defense and alibi testimony. We find the failure to investigate in this regard creates a reasonable probability that, if there had been a more thorough investigation of the statements made by these persons in Iowa Falls, the result of the proceeding would have been different.”
    1 later decision quote this exact passage
  2. “At the postconviction hearing, Maty Jo Payne testified that following Origer’s arrest she saw Mike Mallory and Keven Schwebke playing pool at a bar located near Iowa Falls. She heard Schwebke accuse Mallory of the murders. According to Mary Jo Payne, Schwebke said: "He thought it was pretty funny to have a white boy take the rap for what he did and get away with it scot free.” When Mary Jo Payne asked Mallory whether the allegations were true, Mallory only said "What’s it to you?” Billy Payne, Mary Jo Payne’s brother, also testified at the postconviction hearing. He testified that, on February 9, 1985, Mallory, looking anxious and nervous, told him he was going to Forest City "to take care of business.” Billy Payne also testified Mallory had told him several days later he had "wasted these people up in Forest City,” but he believed Mallory was only bragging.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.