Luster v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"... Counsel shall ascertain whether sufficient facts supporting the grounds are asserted in the motion and whether the movant has included all grounds known to him as a basis for attacking the judgment and sentence. If the motion does not assert sufficient facts or include all grounds known to the movant, counsel shall file an amended motion that sufficiently alleges the additional facts and grounds.... ””

   3 later decisions quote this exact passage
   e.g. Backues v. State · State v. Wright

2. “Warrant for the extraordinary relief of reversal for appointed motion counsel’s failure to amend does not arise unless the record indicates that the movant had a justiciable claim that appointed counsel failed to present, [citations omitted] The appellant’s brief must specify the additional grounds that counsel neglected to raise.”

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

3. “contained no caption, no title and did not reference the case to which it referred” and “was not stamped filed by the court.”

   1 later decision quote this exact passage · from the dissent
   e.g. Everest Reinsurance Co. v. Kerr