Munoz v. Maschner’s Empirical Analysis
1979
Citation profile
25 state decisions
How this case has been cited
Cited by 26 later decisions — most recently March 2019 · most notably State Ex Rel. Hopkinson v. District Court, Teton County (1985), Cutbirth v. State (1988)
25 state decisions
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
Relies on Spencer v. State of Texas a Bell · Lisenba v. People of State of California · United States v. E. I. du Pont de Nemours & Co. · State v. Maldonado · Levell v. Simpson
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The right to claims for relief by petition for post-conviction relief does not afford the right to treat such proceedings as an appeal from the original trial; original trial proceedings will not be reviewed by post-conviction proceedings unless and until it is shown that such is necessary to review some claim having to do with denial of petitioner’s constitutional rights. Albert v. State, Wyo.1970, 466 P.2d 826, 828 , reh. den., 468 P.2d 968 . It is virtually universally recognized that post-conviction relief is not a substitute for an appeal and the petition will not lie where the matters alleged as error could or should have been raised in an appeal or in some other alternative manner. 24 C.J.S. Criminal Law § 1606(9), pp. 696-705; see, West’s Digest System, Criminal Law, Key Number 998(2). Relief may be granted only in extraordinary circumstances which strongly suggest a miscarriage of justice.””
3 later decisions quote this exact passage · from the majority““The question of whether a determination by the court or a jury of a second or previous conviction or at what stage for purposes of enhancing punishment raises no constitutional question. It raises only a question of procedure. In Spencer v. State of Texas, 1967, 385 U.S. 554 [566], 87 S.Ct. 642 [655], 17 L.Ed.2d 606 , * * *. [T]he Supreme Court found no constitutional fault with a court determining pri- or convictions for the purpose of enhanced punishment * * Munoz v. Maschner, supra, at 1357-1358 .”
2 later decisions quote this exact passage · from the majority“`the failure to observe that fundamental fairness essential to the very concept of justice'”
2 later decisions quote this exact passage · from the majority
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.