Wainwright v. Simpson’s Empirical Analysis
360 F.2d 307 · 1966
Citation profile
81 federal appellate · 5 district · 15 state decisions
How this case has been cited
Cited by 113 later decisions — most recently May 2002 · most notably 301 So. 2d 7 - State v. Barber (1974), United States ex rel. Maselli v. Reincke (1967)
81 federal appellate · 5 district · 15 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. § 2243 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Johnson v. Zerbst · Gideon v. Wainwright · Townsend v. Sain · Fay v. Noia · Griffin v. People of the State of Illinois
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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“However laudable his motive, court-appointed counsel for Simpson had no authority, without consulting with or obtaining the consent of his client, deliberately to forego Simpson's right to move for a new trial or to appeal. When he did so, counsel proved himself ineffective. More, he completely abdicated his function and deprived Simpson of the aid of any counsel at a critical state of the criminal proceeding.”
5 later decisions quote this exact passage · from the majority“* * * * * * "The essential allegation of the Petitioner [Simpson] upon the evidence and the law, was that subsequent to his conviction in the State court, his then counsel failed to move for a new trial or to file a notice of appeal and failed to advise Petitioner of his right to move for a new trial or to file a notice of appeal, and failed to advise Petitioner of the jurisdictional time limitations in which a Motion for New Trial or Notice of Appeal might be filed, and failed to advise Petitioner of the grounds then present, and which counsel in fact considered meritorious, which might have been advanced upon a timely Motion for New Trial or Appeal, and failed to advise Petitioner that counsel had not or would not do any of the foregoing things, but that new counsel might be obtained, or that Petitioner might attempt to proceed therewith in propia persona. Petitioner further asserted that his trial counsel failed to do any and all of the foregoing things when he knew, and should have known, that Petitioner was ignorant of all of the foregoing and knew, and should have known, that Petitioner relied upon him to invoke whatever post-conviction remedies then existed. * *" * * * * * *”
2 later decisions quote this exact passage · from the majority“Further, Simpson's motion under Florida Criminal Rule 1, upon which he was never accorded a hearing, was broad enough to encompass his trial counsel's failure to move for a new trial or to file a notice of appeal. [Emphasis added.] In any event, it is now settled that `the exhaustion principal is a matter of comity, not a matter of jurisdiction.' * * * However laudable his motive, court appointed counsel for Simpson had no authority, without consulting with or obtaining the consent of his client, deliberately, to forego Simpson's right to move for a new trial or to appeal.”
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.