Wolfe v. Randle’s Empirical Analysis

Citation profile

1 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The protections set forth by the Supreme Court all assume that the defendant knows of his right to appeal. Because notice is more basic than the rights granted in Supreme Court precedent and is a foundation of Supreme Court case law, precedent mandates that due process is violated when a defendant is not informed of his right to appeal by the trial court or by his counsel. The Ohio Court of Appeals decision denying Petitioner’s claim was therefore an unreasonable application of clearly established Supreme Court precedent.”

   1 later decision quote this exact passage
   e.g. McINTOSH v. Hudson

2. “In order to be properly informed, a defendant must be told of his right to appeal, the procedures and time limits involved in proceeding with that appeal, and the right to have the assistance of appointed counsel for that appeal. The petitioner bears the burden of showing by a preponderance of the evidence that he was not advised of his rights. Further, a defendant cannot base a claim on the court’s failure to inform him of his appellate rights if he has personal knowledge of these rights.”

   1 later decision quote this exact passage
   e.g. 523 F. Supp. 2d 626 - Thompson v. Wilson

3. “construing Douglas v. California as imposing on a state `a duty to warn every person convicted of a crime of his right of appeal * * * the right to appeal at the expense of the state is a mere illusion if the convicted indigent defendant does not know such a right exists.'”

   1 later decision quote this exact passage
   e.g. State v. Davis, Unpublished Decision (12-23-2005)