Hurst v. Cook’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 49 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'an obvious injustice or a substantial and prejudicial denial of a constitutional right”

   12 later decisions quote this exact passage
   e.g. Currier v. Holden · Tillman v. Cook

2. “(1) the denial of a constitutional right pursuant to new law that is, or might be, retroactive, (2) new facts not previously known which would show the denial of a constitutional right or might change the outcome of the trial, (3) the existence of fundamental unfairness in a conviction, (4) the illegality of a sentence, or (5) a claim overlooked in good faith with no intent to delay or abuse the writ.”

   6 later decisions quote this exact passage · from the concurrence
   e.g. Tillman v. State · Monson v. State

3. “[TJhe unusual circumstances test was intended to assure fundamental fairness and to require reexamination of a conviction on habeas corpus when the nature of the alleged error was such that it would be unconscionable not to reexamine, and thereby to assure that substantial justice was done.”

   3 later decisions quote this exact passage
   e.g. Dunn v. Cook · 2007 UT App 26 - Peterson v. Kennard