Kirk v. United States’s Empirical Analysis
447 F.2d 749 · 1971
Citation profile
9 federal appellate · 1 district · 2 state decisions
Relationships
Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on United States v. White · Coppedge v. United States · MacKey v. United States · Rodriquez v. United States · Gilliam v. United States
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“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. If the defendant so requests, the clerk of the court shall prepare and file forthwith a Notice of Appeal on behalf of the defendant.”
1 later decision quote this exact passage · from the majority“We think it must clearly follow from Rodriguez that if [the defendant] had not filed a notice of appeal, the failure of the district court to give the advice called for by Rule 32(a)(2) would have required relief on a Sec. 2255 motion.”
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.