76 Wash. 2d 509 - State v. Koser’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On or about March 19, 1969 [named counsel] filed with the Supreme Court of the State of Washington a brief entitled “Brief of Counsel Pursuant to Anders vs. California Rule” wherein [he] stated inter alia: After diligent examination of the Statement of Facts, the transcript and following the conversations with concerned parties, counsel on appeal is unable to find any error on which to write any argument to upset the verdict of the jury. The appellant maintains that the evidence did not show he was guilty of the crimes charged. The only assignable error that counsel on appeal is able to ascertain is whether or not the evidence is sufficient to sustain the verdict. In all candor, counsel on appeal must state that in his opinion the evidence as shown by the Statement of Facts amply sustains the verdict. However, pursuant to the opinion of Anders vs. California[,] . . . decided by the Supreme Court of the United States, counsel on appeal requests the Supreme Court review the Statement of Facts to determine whether or not the evidence is sufficient to sustain the appeal, and whether or not any error otherwise may have occurred which has escaped the attention of counsel. In the opinion of counsel on appeal, the appellant has no grounds for appeal, . . . the appeal is frivolous and . . . further prosecution would be groundless.”

   1 later decision quote this exact passage
   e.g. Writ of Habeas Corpus of Koser v. Smith

2. “We have examined the record in the instant case and find, as a matter of law, that not only was there sufficient credible evidence to sustain the verdict, but that the evidence provided strong and convincing proof of guilt. Nor do we discover in the entire statement of facts or transcript any basis upon which a meritorious assignment of error could sensibly be made. Our review of the record disclosed no errors warranting elucidation, discussion or analysis, much less any errors which would rationally support a reversal of the judgment and sentence. The appeal is, as stated by counsel, patently frivolous and wholly without merit. Forcing counsel to argue errors which do not exist or cannot rationally be urged to exist would compel counsel to perpetrate a sham. We thus conclude that this appeal is manifestly frivolous and utterly without merit.”

   1 later decision quote this exact passage
   e.g. Writ of Habeas Corpus of Koser v. Smith