McDaris v. State’s Empirical Analysis
1992
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently February 2019 · most notably State v. Carson (1997), Mark D. Vogl v. State of Missouri (2014)
28 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 21 U.S.C. § 860 (§ 419 of the Controlled Substances Act)
Relies on Hill v. Lockhart · United States v. Tucker · Burgett v. Texas · Wrenn v. Weinberger · Wellman v. Wellman
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he trial court should ... inquire not only of postconviction counsel,- but ensure that movant is- informed of counsel’s response and given an opportunity to reply. The method of making this inquiry may be as formal or informal as the motion court deems necessary to resolve the question of abandonment by counsel, including, but not limited to, a written , response, and opportunity to reply, a telephone conference call, or a hearing. However, a sufficient record must be made to demonstrate on appeal that the motion court’s determination on the abandonment issue is not clearly erroneous.”
5 later decisions quote this exact passage“McDaris legitimately highlights the need to detail procedures for the Sanders-Lu-leff “independent inquiry,” in the event of late or non-filing of the amended motion. In this case, the only court inquiry about abandonment was one question to motion counsel about the late filing, conducted as part of the State’s motion to dismiss the day after filing.... Pending issuance of a Rule change, the trial [motion] court should, as part of its independent inquiry under Luleff , inquire not only of post conviction counsel, but ensure that movant is informed of counsel’s response and given an opportunity to reply.... [A] sufficient record must be made to demonstrate on appeal that the motion court’s determination on the abandonment issue is not clearly erroneous.”
1 later decision quote this exact passagee.g. Moore v. State“A double jeopardy claim can be raised in a Rule 24.035 proceeding, if the face of the record shows that the conviction or sentence violates double jeopardy.”
1 later decision quote this exact passagee.g. Treta v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.