State v. Ruth’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If, on appeal, counsel prematurely raises the competency of counsel issue and gains an adverse determination in this Court, he may very well subject himself to like charges of incompetency — keeping in mind the threat of res judicata should the client later seek to have his claim of incompetence of trial counsel heard at a post conviction proceeding. On the other hand, there is an equal threat of later being told that competency of counsel should have been raised on direct appeal whenever appeal counsel is other than trial counsel.” Ruth, 98 Idaho at page 881 , 574 P.2d at page 1359 .”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Carter v. State · Kraft v. State

2. ““The resolution of those factual issues for the first time upon appeal, based upon a trial record in which competency of counsel was not at issue, is at best conjectural.” Kraft, 96 Idaho at 906 , 539 P.2d at 259 .”

   1 later decision quote this exact passage · from the concurrence
   e.g. Kraft v. State