Bunch v. State’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “between waiver as an affirmative defense and a discretionary judicial doctrine that forecloses an issue on appeal.”

   2 later decisions quote this exact passage
   e.g. Highler v. State · Strong v. State

2. “[Cllaims available on direct appeal but not presented are not available for post-conviction review.”

   2 later decisions quote this exact passage
   e.g. State v. Hernandez · Schlabach v. State

3. “In particular, the Bunch court clarified that, because waiver as an affirmative defense is governed by Indiana Trial Rule 8(C)-which requires parties to plead waiver as an affirmative defense and, as a consequence, places the burden of proof at trial on the party asserting such affirmative defense-it is only applicable in circumstances where the party asserting waiver has argued such defense before the lower court. Id. By contrast, the latter form of waiver, which is more appropriately described as”

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