Ramos v. State’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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “we take judicial notice of the files and records of this court and find no instance since the issuance of the Anders decision wherein this Court has permitted the withdrawal of appellate counsel in a criminal case on the basis the appeal is frivolous and lacks merit. In any case where counsel has unsuccessfully sought to withdraw on the basis that the appeal is frivolous and without merit he can find himself in a completely intolerable situation if required to thereafter pursue an appeal. We further determine that if a criminal case on appeal is wholly frivolous, undoubtedly, less of counsel and the judiciary’s time and energy will be expended in directly considering the merits of the case in its regular and due course as contrasted with afragmented consideration of various motions, the consideration of which necessarily involves a determination of merits. On the other hand, if there is arguable merit in the appeal (a determination of which by appellate counsel is usually extremely difficult) counsel who has made a motion for withdrawal is also necessarily caught up in a conflict of interest between his duties toward his client and his duty toward the court of candor and truthfulness.”

   1 later decision quote this exact passage · from the majority
   e.g. Murrell v. People

2. “Motions to withdraw under Anders ... are agonizing for the lawyer, awkward for the judge, and perceived as collusive by the appellant.”

   1 later decision quote this exact passage · from the dissent
   e.g. In Re Bailey

3. “An action is not frivolous even though the lawyer believes that the client's position will ultimately not prevail.”

   1 later decision quote this exact passage · from the dissent
   e.g. In Re Bailey