Ex parte Beck’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “• Karenev simply stands for the proposition that a facial challenge to the constitutionality of a statute cannot be raised for the first time on appeal. • Massoth involved a criminal defendant who lodged a generalized objection under Apprendi to his two life sentences being stacked by the trial court. There, this court held a generalized objection was insufficient to preserve the issue for appeal; contrary to the panel opinion's implication, however, Massoth neither involved nor mentioned an alleged "illegal sentence". 3 • Ex parte Beck involved an exception to the general rule concerning waiver when the statute at issue has already been declared unconstitutional, but did not involve or mention illegal sentences.”

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

2. “Our cases have recognized that questions of error preservation on appeal and in collateral habeas proceedings are substantially overlapping and that 'the requirement in each context informs the other.' By holding that a facial challenge to a statute implicates a Marin category-three forfeitable right that must first be raised in the trial court and may not be complained of for the first time on direct appeal, Karenev signaled by extension that this type of complaint generally may not be presented for the first time at the even later stage of post-conviction review, when the added concern for the State's interest in the finality of its judgments weighs heavily against permitting consideration of such complaints.”

   1 later decision quote this exact passage · from the majority
   e.g. Ex parte Chavez

3. “As a general matter, this Court has held that complaints that could have been raised on direct appeal cannot be raised on post-conviction habeas review.”

   1 later decision quote this exact passage · from the majority
   e.g. Ex parte Chavez