Ernest Jackson Cottle v. Louie L. Wainwright, Director, Division of Corrections’s Empirical Analysis

Citation profile

22 federal appellate · 14 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"As we have previously indicated, the district court held that neither of Cottle's two convictions could be considered as evidence by the Parole Commission in a subsequent parole revocation hearing. We are of the view, however, that only the second of Cottle's two convictions must be excluded from the Commissions consideration. It is noted that as to the first of Cottle's convictions, on April 29, 1968, Cottle received a 20 day suspended sentence, but there is nothing in the record to show that Cottle was imprisoned for this conviction. If that is so, then the rule in Argensinger does not apply. The Court in Argersinger made it clear that "no person may be imprisoned . . . unless he was represented by counsel." 407 U.S. at 37 , 92 S.Ct. at 2012 (Emphasis added). Thus, the court concluded, "The run of misdemeanors will not be affected by today's ruling. But in those that end up in the actual deprivation of a person's liberty, the accused will receive the benefit of `the guiding hand of counsel' so necessary when one's liberty is in jeopardy." at 40, 92 S.Ct. at 2014 . (Emphasis added). Inasmuch as Cottle, for all that appears, was not deprived of his liberty when he was convicted the first time of public drunkenness, the conviction is not tainted by reason of the fact that he was not afforded counsel to represent him. However, as to his second conviction, which did in fact result in imprisonment, Cottle was constitutionally entitled to counsel, and, none having been provided, ”

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Sanchez · 297 So. 2d 423 - State v. Guillotte

2. “"While absolute equality between rich and poor is not required by the Constitution, we think that indigent parolees at least are entitled to as adequate a parol revocation hearing as those who have means, and in this respect representation by counsel is likely to be of substantial importance to the poor as well as the rich. The very fact that the Florida legislature has seen fit to permit representation by counsel, at least to non-indigents, we think attests to its efficacy."”

   1 later decision quote this exact passage · from the majority
   e.g. 157 W. Va. 405 - Dobbs v. Wallace

3. “[T]he liberty of a parolee, although indeterminate, includes many of the core values of unqualified liberty and its termination inflicts a “grievous loss” on the parolee and often on others. It is hardly useful any longer to try to deal with this problem in terms of whether the parolee’s liberty is a “right” or a “privilege.” By whatever name, the liberty is valuable and must be seen as within the protection of the Fourteenth Amendment.”

   1 later decision quote this exact passage · from the dissent
   e.g. 84 Wash. 2d 353 - Dillenburg v. Morris