State v. Franklin’s Empirical Analysis

Citation profile

275 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 280 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We think it appropriate to call attention to the fact that the Supreme Court of the United States in Machibroda v. United States, 368 U.S. 487 , 82 S.Ct. 510 , 7 L.Ed.2d 473 , discussed the proper procedure for district courts under the provisions of 28 U.S.C.A., § 2255 , from which our Rule 93 was patterned. That court pointed out that the federal statute requires a district court to ‘grant a prompt hearing’ when such a motion is filed, and to ‘determine the issues and make findings of fact and conclusions of law with respect thereto’ unless ‘the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.’ The court there went on to emphasise that where factual allegations relating primarily to purported occurrences outside of the courtroom put in issue matters upon which the record could cast no real light, the court must hold a hearing at which the prisoner is permited to offer evidence(Emphasis supplied.)”

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

2. “appointed counsel should set forth contentions urged by a petitioner whether or not counsel feels they have merit and whether such contentions are in fact argued by counsel”

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