United States of America Ex Rel. Joel Smith v. The Hon. Daniel McMann Warden of the Auburn State Prison, Auburn, New York’s Empirical Analysis
417 F.2d 648 · 1969
Citation profile
78 federal appellate · 3 district · 20 state decisions
How this case has been cited
Cited by 122 later decisions — most recently August 2019 · most notably Ward v. State (1987), Hannon v. Maschner (1988)
78 federal appellate · 3 district · 20 state decisions — followed in 13 states
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 Anders v. California · 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 122 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“to warn every person convicted of crime of his right to appeal and his right to prosecute his appeal without expense to him by counsel appointed by the state, if he is indigent.”
11 later decisions quote this exact passage · from the majoritye.g. Perkins v. Adams · State v. Sims““(2) Notification of Right to Appeal. After imposing sentence in a case which has gone to trial on a plea of not guilty, the court shall advise the defendant of his right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis. * * * ””
2 later decisions quote this exact passage · from the majority“Our holding does not require that a verdict be upset for failure to warn, but only that the state should allow the completion of appellate review, with counsel if a prisoner so desires. If an appeal is taken and material trial error is found by a state appellate court, there may be a new trial required with the familiar difficulties of proof long after the event. But that is only if the state courts find that the conviction on which the imprisonment was based was wrong in the first place.”
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.