Nelson v. Peyton’s Empirical Analysis

Citation profile

54 federal appellate · 4 district · 8 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 98 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]n indigent defendant is entitled to have counsel after his trial has been concluded for at least as long as it is necessary for counsel to advise him of his right to appeal [and] the manner and time in which to appeal . . . unless the trial court has advised the defendant in [this] regard and shouldered the burden which is otherwise that of counsel.”

   3 later decisions quote this exact passage · from the majority
   e.g. Becton v. Barnett · Younger v. Cox

2. “[w]here counsel * * * treat their representation as terminated without having imparted such advice, a defendant's right to counsel has been effectively denied; or, where counsel have not treated their representation as terminated but fail to impart such advice, a defendant's right to effective assistance of counsel has been effectively denied. In either event, if the omissions of counsel have not been supplied by advice imparted by the trial court * * a defendant's Sixth Amendment right, as made applicable to the states by the Fourteenth Amendment, has been violated.”

   2 later decisions quote this exact passage · from the majority
   e.g. Meadows v. Beto · William C. Shiflett v. Commonwealth of Virginia, and C. C. Peyton, Superintendent of the Virginia State Penitentiary, James Curtis Weatherman v. C. C. Peyton, Superintendent, Virginia State Penitentiary, Orillion D. James v. C. C. Peyton, Superintendent of the Virginia State Penitentiary, John Henry Love v. Commonwealth of Virginia

3. “[W]e think that counsel is also required in the hiatus between the termination of trial and the beginning of an appeal in order that a defendant know that he has the right to appeal, how to initiate an appeal and whether, in the opinion of counsel, an appeal is indicated. This interim is a critical, crucial one for a defendant because he must make decisions which may make the difference between freedom and incarceration.”

   2 later decisions quote this exact passage · from the majority
   e.g. Dir. of the Dep't of Corr. v. Kozich · 171 N.C. App. 636 - State v. McCoy