6 Haw. App. 331 - Bryant 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. “An issue is waived if the petitioner knowingly and understandingly failed to raise it and it could have been raised before the trial, at the trial, on appeal, in a habeas corpus proceeding or any other proceeding actually conducted, or in a prior proceeding actually initiated under this rule, and the petitioner is unable to prove the existence of extraordinary circumstances to justify his failure to raise the issue. There is a rebuttable presumption that a failure to appeal a ruling or to raise an issue is a knowing and understanding failure.”

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

2. “failure to raise [such an issue] specifically in the petition does not per se defeat the possibility of obtaining relief on that ground in the Rule 40 proceeding. Waiver in such circumstances can only be lodged against the petitioner when it may be inferred from an examination of the entire record.”

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

3. “should not suffer for his inability to articulate his claims[,]”

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