McGriff v. Wainwright’s Empirical Analysis

Citation profile

26 federal appellate · 10 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" * * * For a petitioner to be entitled to post-conviction relief, it is not enough to show that indigency occasioned the petitioner’s inability to employ counsel or to appeal; the petitioner must show that the State deprived him of his Fourteenth Amendment rights. State action is shown when a responsible official in the State’s system of justice rejects a request for counsel or fails to take proper steps toward appointment of counsel for a convicted defendant when he has knowledge of the defendant’s indigency and desire for appellate counsel. When an accused person retains counsel on the original trial, the State may rely on the presumption that the accused’s lawyer will protect his client’s rights on appeal.” Pate v. Holman, 341 F.2d 764, 775 (5th Cir. 1965); see also McGriff v. Wainwright, 431 F.2d 897 (5th Cir. 1970).”

   2 later decisions quote this exact passage · from the majority
   e.g. Kallie v. Beto · Robinson v. Henderson

2. “misfeasance by privately retained counsel is not state action and therefore does not constitute a deprivation of due process or equal protection,”

   1 later decision quote this exact passage · from the majority
   e.g. West v. Louisiana