Schleicher v. State’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, if a claim is known to a defendant at the time of direct appeal but is not raised, it will not be barred by the rule if the claim’s novelty was so great that its legal basis was not reasonably available when direct appeal was taken. * * * Second, even if the claim’s legal basis was sufficiently available, substantive review may be allowed when fairness so requires and when the petitioner did not deliberately and inexcusably fail to raise the issue on direct appeal.”

   1 later decision quote this exact passage
   e.g. Lynch v. State

2. “It is well settled that a party may not raise issues for the first time on appeal.”

   1 later decision quote this exact passage
   e.g. Taylor v. State