McElroy v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For the purposes of this subtitle, an allegation of error shall be deemed to be waived when a petitioner could have made, but intelligently and knowingly failed to make, such allegation before trial, at trial, on direct appeal (whether or not the petitioner actually took such an appeal), in an application for leave to appeal a conviction based on a guilty plea, in any habeas corpus or coram nobis proceeding actually instituted by said petitioner, in a prior petition under this subtitle, or in any other proceeding actually instituted by said petitioner, unless the failure to make such allegation shall be excused because of special circumstances. The burden of proving the existence of such special circumstances shall be upon the petitioner. (Emphasis added).”

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

2. “3. Must a defendant who was convicted on a plea of guilty and who desires appellate review of the conviction based on facts that would be apparent in the record of the guilty plea proceeding seek such review by an Application for Leave to Appeal pursuant to CTS. & JUD.PROC.CODE ANN. §§ 12-302(e)? 4. Is a claim of error in such a case that could have been raised by an Application for Leave to Appeal filed pursuant to CTS. & JUD.PROC.CODE ANN. §§ 12-302(e) waived for purposes of subsequent review under the Post Conviction Procedure Act if it was not so raised?”

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

3. “(a) Whether a defendant who was convicted on a plea of guilty and who desires appellate review of the conviction based on facts that would be apparent in the record of the guilty plea proceeding must seek such review by an Application for Leave to Appeal pursuant to Cts. & Jud.Proc. art. § 12-302(e); and (b) Whether a claim of error in such a case that could have been raised by an Application for Leave to Appeal filed pursuant to § 12- 302(e) is waived for purposes of subsequent review under the Post Conviction Procedure Act if it was not so when raised.”

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