William Foxworth v. Louie L. Wainwright, Director, Division of Corrections, State of Florida’s Empirical Analysis

Citation profile

5 federal appellate · 2 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"An appeal was perfected to the Supreme Court of Florida on the perfunctory ground that the trial court erred in denying the defendant's motion for a new trial. Having thus arrived at the threshold of the Supreme Court, Foxworth's counsel there abandoned him. He failed to even file a cursory brief. The case was therefore decided without argument on the merits on the motion of the Attorney General to affirm on the record, one Justice dissenting. Bevels v. State, 1945, 156 Fla. 159 , 23 So.2d 156 ." (p. 319) "While it is true that Foxworth's appeal was perfected it was not prosecuted. Perfection is a half a loaf only, and here a half a loaf is no better than none." "* * * "We conclude on the record that Foxworth is entitled to have a review of his trial and conviction as on an original appeal with counsel, or to be released. "Because of our disposition of the case we pretermit consideration of the additional contentions of Foxworth that he was denied effective assistance of counsel at trial because of a conflict of interest between Foxworth and his co-defendant Bevels, and that there was a systematic exclusion of negroes from the grand and petit juries. Nevertheless, the record, and what may be judicially noticed, impels us to observe that Foxworth's constitutional arguments are not insubstantial. "We remand the case to the district court with directions to give the State an opportunity to provide Foxworth with a review of his conviction with the aid of counsel on direct appeal”

   2 later decisions quote this exact passage · from the majority
   e.g. 267 So. 2d 647 - Foxworth v. State · William Foxworth v. Louie L. Wainwright, Director, Division of Corrections