State v. Kells’s Empirical Analysis
1998
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently August 2024
15 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
Relies on United States v. Sealy, Inc. · State v. Tomal · 70 Wash. 2d 331 - In RE DILLENBURG v. Maxwell · 90 Wash. 2d 282 - State v. Sweet · 79 Wash. App. 14 - State v. Pritchard
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.
“Restriction on Extension of Time. The appellate court will only in extraordinary circumstances and to prevent a gross miscarriage of justice extend the time within which a party must file a notice of appeal, a notice for discretionary review, a motion for discretionary review of a decision of the Court of Appeals, a petition for review, or a motion for reconsideration. The appellate court will ordinarily hold that the desirability of finality of decisions outweighs the privilege of a litigant to obtain an extension of time under this section. The motion to extend time is determined by the appellate court to which the untimely notice, motion or petition is directed.”
2 later decisions quote this exact passage“[I]n criminal prosecutions all defendants have a constitutional right to appeal, and there can be no presumption in favor of waiver of a constitutional right. Sweet establishes that the State has the burden to demonstrate a defendant understood his right to appeal and consciously gave up that right before a notice of appeal may be dismissed as untimely.”
2 later decisions quote this exact passage“Despite this strong language, this court made clear in State v. Sweet, 90 Wn.2d 282 , 581 P.2d 579 (1978) that the strict application of filing deadlines must be balanced against a defendant’s state constitutional right to appeal.”
1 later decision quote this exact passage
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.