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← 10 Cal. 3d 72 - In Re Benoit

10 Cal. 3d 72 - In Re Benoit’s Empirical Analysis

1973

Citation profile

118
cited by 118 later decisions
2
states following
November 2017
most recently cited

4 federal appellate · 114 state decisions

How this case has been cited

Cited by 118 later decisions — most recently November 2017 · most notably 15 Cal. 3d 660 - Hollister Convalescent Hospital, Inc. v. Rico (1975), 34 Cal. 3d 952 - People v. Joseph B. (1983)

4 federal appellate · 114 state decisions

33019731980199020002010decided

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 3 Cal. 3d 16 - In Re William M. · Estate of Hanley v. Hanley · People v. Slobodion · 33 Cal. 2d 534 - In Re Horowitz · People v. Tucker

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

  1. “[W]e can see some reason to excuse a prisoner unlearned in the law who has relied upon the assurance of his trial counsel that the notice of appeal will be timely filed by the latter since the prisoner would be more justified in relying on his counsel who had represented him and might have some continuous concern for him than upon a prison official who was not an attorney and had no familiarity with his case.”
    2 later decisions quote this exact passage
  2. “(1) only to incarcerated appellants and (2) in special circumstances where the delay in filing the notice of appeal (a) has resulted from conduct or representations of prison officials upon which the prisoner relied and (b) has not been due substantially to fault on the part of the prisoner.”
    2 later decisions quote this exact passage
  3. “extended to apply to situations ... where the defendant is incarcerated or otherwise in custody after having been properly notified of his appeal rights by the sentencing judge and has made arrangements with his trial attorney to file a notice of appeal for him.”
    2 later decisions 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.