Topic: when the state does not respond to a petitioner's allegatio… · Go Syfert
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Topic #12451

4 canonical passages across 3 cases, quoted by 31 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Bates v. State.

#Case FlagCanonical passage Citers
1 Bates v. State Anchor
alacrimapp · 1992
green “when the state does not respond to a petitioner's allegations, the unrefuted statement of facts must be taken as true.” 14
2 Smith v. State
alacrimapp · 1991
green “when the state does not respond to a petitioner's allegations, the unrefuted statement of facts must be taken as true.” 7
3 Ex Parte Cole
ala · 2002
green “a reindictment after a conviction that has been held to be void does not constitute double jeopardy because, if a court is without jurisdiction, there can be no valid conviction; hence there is no jeopardy.” 7
4 Ex Parte Cole
ala · 2002
green “when, as here, an indictment for first-degree robbery fails to set forth facts from which one might conclude that the defendant was aided in the robbery by another participant - an essential element of the offense of second-degree robbery - the insufficiency of the factual basis…” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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