Tobin v. United States’s Empirical Analysis
402 F.2d 307 · 1968
Citation profile
9 federal appellate · 5 state decisions
How this case has been cited
Cited by 15 later decisions — most recently September 1988
9 federal appellate · 5 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 18 U.S.C. § 2421 (White-Slave Traffic Act of 1910 (Mann Act)) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Johnson v. Zerbst · Gideon v. Wainwright · Von Moltke v. Gillies · Hamilton v. Alabama · Betts v. Brady
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In a criminal case, the defendant is entitled to be notified of his rights which include the assistance of coun sel at every critical stage of a criminal proceeding. Johnson v. Zerbst, 304 U.S. 458 , 463, 58 S.Ct. 1019 , 82 L.Ed. 1461 , 146 A.L.R. 357 ; Gideon v. Wainwright, 372 U.S. 335 , 343, 83 S.Ct. 792 , 9 L.Ed.2d 799 , 93 A.L.R.2d 733 ; Hamilton v. State of Alabama, 368 U.S. 52 , 54, 82 S.Ct. 157 , 7 L.Ed.2d 114 , Rule 44(a), Federal Rules of Criminal Procedure. A trial court must see to it that a defendant has the assistance of counsel unless he intelligently and understandingly waives the appointment of counsel. Spanbauer v. Burke, 7 Cir., 374 F.2d 67 , cert. den. 389 U.S. 861 , 88 S.Ct. 111 , 19 L.Ed.2d 127 (1966); United States v. Barney, 371 F.2d 166 , cert. den. 387 U.S. 945 , 87 S.Ct. 2080 , 18 L.Ed.2d 1333 (1966). -**■»*■* It is clear in this case that the District Court failed to obtain any statement from Tobin that he did not desire appointed counsel at the trial or when he subsequently pled guilty. We hold that Tobin did not intelligently and understanding^ waive his right to counsel. The negative statement of the Judge at the time of arraignment — “You do not desire to have the court appoint an attorney for you” was not sufficient to tell the plaintiff that he had the right to have counsel appointed for him if he were indigent. Starting with Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 , 93 A.L.R.2d 733 (1963), where Betts v. Brady, 316 ”
1 later decision quote this exact passage · from the majoritye.g. Rini v. Katzenbach
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.