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← 5 Kan. App. 2d 494 - Wright v. State

5 Kan. App. 2d 494 - Wright v. State’s Empirical Analysis

1980

Citation profile

24
cited by 24 later decisions
2
states following
August 2010
most recently cited

2 district · 22 state decisions

How this case has been cited

Cited by 24 later decisions — most recently August 2010

2 district · 22 state decisions

1401980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Sanders v. United States · Case v. Andrews · State v. Richardson · Miller v. United States · Baier v. State

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

  1. ““Guidelines for granting an evidentiary hearing on a K.S.A. 60-1507 motion are provided by statute, court rule and case law. A hearing, whether evidentiary or non-evidentiary, should be granted unless the motion and the files and records of the case conclusively show the movant is entitled to no relief. K.S.A. 60-1507(b); Supreme Court Rule No. 183(f), 225 Kan. lxxv ; Van Bebber v. State, 220 Kan. 3, 4 , 551 P.2d 878 (1976). A presumption of regularity attaches to a judgment of criminal conviction and sentencing thereon. The plaintiff has the burden of establishing irregularity of his conviction and sentence; in a K.S.A. 60-1507 proceeding the movant has the burden of proof. Supreme Court Rule No. 183(g), 225 Kan. lxxv ; Thompson v. State, 197 Kan. 630, 635 , 419 P.2d 891 (1966). Conclusory contentions without evidentiary basis are not sufficient for relief. Burns v. State, 215 Kan. 497, 500 , 524 P.2d 737 (1974). While corroboration of plaintiffs factual allegations is no longer a formal requirement [see Morrow v. State, 219 Kan. 442, 448 , 548 P.2d 727 (1976)], corroboration is desirable. The motion must set forth a factual background, names of witnesses or other sources of evidence demonstrating plaintiff s entitlement to relief. Sullivan v. State, 222 Kan. 222, 223-224 , 564 P.2d 455 (1977). An evidentiary hearing is not required if no substantial issue of fact is presented by the motion. Rhone v. State, 211 Kan. 206, 208 , 505 P.2d 673 (1973); Redd v. State, 199 Kan. 431”
    2 later decisions 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.