Mitchell v. United States’s Empirical Analysis
254 F.2d 954 · 1958
Citation profile
20 federal appellate · 1 district · 10 state decisions
How this case has been cited
Cited by 35 later decisions — most recently April 1970 · most notably Rivera v. United States (1963), Dodd v. United States (1963)
20 federal appellate · 1 district · 10 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
Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 294
Relies on Dennis v. United States
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"His present counsel, appointed by the District Court, contends that because trial counsel did not appeal, trial counsel did not give the defendant the `effective assistance' to which he was entitled. The defendant says his trial counsel refused to appeal because the defendant could not pay him a fee. But such a refusal, in the circumstances of this case, is not a ground for vacating the sentence. "It has been said that `failure to appeal may not be excused upon a mere showing of neglect of counsel.' Dennis v. United States, 4 Cir., 177 F.2d 195 . Perhaps that statement is too broad. We need not now decide whether failure to appeal would be a denial of effective assistance, and would open a conviction to `collateral attack' under § 2255, if there were plain reversible error in the trial. There was no such plain error in this trial."”
1 later decision quote this exact passage · from the majority
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.