Mitchell v. United States’s Empirical Analysis
482 F.2d 289 · 1973
Citation profile
53 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 68 later decisions — most recently April 2009 · most notably Farrow v. United States (1978), Brown v. United States (1980)
53 federal appellate · 1 district · 4 state decisions
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
Applies 18 U.S.C. § 1072 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Johnson v. Zerbst · Gideon v. Wainwright · Fay v. Noia · Brown v. Allen · Linkletter v. Walker
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rule which has evolved is that when a convicted defendant who was indigent at the time of his conviction collaterally attacks the conviction on right-to-counsel grounds, and the record shows that he was not represented by counsel or is silent regarding representation of counsel, then the party which defends the conviction has the burden of proving that the defendant was represented by counsel or that he waived his right to counsel.”
2 later decisions quote this exact passage · from the majority“The district court should on remand determine the validity or invalidity of each of the three challenged prior convictions in accordance with the principles stated in this opinion, and if it determines one or more of them to be invalid, it should resentence appellant without considering the invalid conviction or convictions. We do not suggest any limitation on the exercise of the district court’s discretion as to the duration of a new sentence, if resentencing should prove necessary, or any limitation on the matters the district court may consider in arriving at a new sentence, except that prior convictions invalid under Gideon v. Wainwright may not be considered. Tucker requires this exclusion. The traditional breadth of the district court’s discretion to consider other matters and impose a sentence within statutory limits remains unchanged. See 2 C. Wright & A. Miller, Federal Practice and Procedure, § 526 (1969).”
1 later decision quote this exact passage · from the majority“The Tucker opinion itself contains no requirement that a defendant return to the court or state of a prior conviction to secure a ruling of invalidity to support his § 2255 motion nor any hint that Tucker had exhausted Louisiana and Florida procedures for attacking any of the three convictions challenged in that case. [Footnote omitted.] . . Since the Supreme Court affirmed the Ninth Circuit’s order remanding the case for resentencing “without consideration of any prior convictions [invalid under Gideon ],” and did not suggest that the determination of the third conviction’s validity should be made in a state court before resentencing, it seems apparent that the determination was to be made in the district court.”
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.