State v. Reece’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It should be evident that among claims made by petitioner are several concerning occurrences outside the record which, if true, would be grounds for vacating his sentence, and that these assertions could not be resolved without a hearing. * * * ””

   2 later decisions quote this exact passage
   e.g. State v. Bryant · Brooks v. Shanks

2. ““This appeal is controlled by what we said in State v. Franklin, 78 N.M. 127 , 428 P.2d 982, 983 (1967), from which we quote the following: 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 oür 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 cotirt 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 [iic] to offer evidence.’ ■ (Emphasis supplied.) “It should be evident that among claims made by petitioner are several concerning occurrences outside the record which, if true, would be grounds for vacating his sentence, and that these assertions could not be resolved without a hearing. Admittedly, these allegations conflict with the record made at the time of the arraignment. However, absent a hearing at which testimony i”

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