Horton v. Bomar’s Empirical Analysis
335 F.2d 583 · 1964
Citation profile
12 federal appellate · 6 state decisions
How this case has been cited
Cited by 33 later decisions — most recently February 2010 · most notably Pate v. Holman (1965), Goodwin v. Cardwell (1970)
12 federal appellate · 6 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
Relies on Ginsburg v. Stern · Dawson v. Bomar
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Refusal to appoint counsel is not alleged, thus it cannot be said that his constitutional rights were violated by the mere failure of the court to appoint counsel to represent him on appeal. Where a defendant appears in court represented by competent, retained counsel the trial judge may reasonably assume that the rights of the defendant will be protected. The trial judge is not obliged to inquire into the continuing status of their relationship. At the very least petitioner should have made some effort to communicate to the trial judge the information that he wished to appeal but was unable to hire an attorney to assist him. * * * An attorney is under no obligation or duty to represent a client beyond the terms of their agreement. That he had undertaken to represent him at the trial does not imply that he had also agreed to represent him on appeal.”
1 later decision quote this exact passage · from the majoritye.g. Pate v. Holman““Finally it is claimed on behalf of the appellant that ho was denied due process and equal protection of the law in violation of the Fourteenth Amendment to the Constitution of the United States for the reason that he was not provided with counsel to prosecute an appeal from his conviction in the state court. The appellant’s trial counsel apparently would not represent him in an appeal without the payment of an additionahfee. * * * The appellant does not claim that he ever advised the trial judge that he was unable-to employ a lawyer to prosecute an appeal or tliat he made a request for the appointment of counsel. It was well said by the District Judge, ‘ The trial judge is not obliged to inquire into the continuing status of their relationship.’ ””
1 later decision quote this exact passage · from the majoritye.g. Manning v. State
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.