Thomas v. State’s Empirical Analysis

Citation profile

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Movant Wardell Thomas was charged, tried and convicted of assault with intent to kill with malice. On December 29, 1969 the trial court sentenced Thomas to 20 years imprisonment and denied his motion for a new trial. Through his attorney James Bell, Thomas filed notice of appeal. The appeal was never perfected and on October 14, 1970 the trial court received a mandate from the Supreme Court affirming the judgment for failure to timely file a transcript. On June 2, 1972 Thomas filed a motion to vacate judgment and sentence under Rule 27.26. An evidentiary hearing was held October 20, 1972, the court finding appellant's contentions without merit and the motion was denied. Thomas appeals from this adverse ruling. "The sole question briefed on appeal by Thomas' appointed counsel is whether Thomas was denied effective assistance of counsel because his employed trial attorney, James Bell, failed to motion the trial court to appeal `in forma pauperis.' This is a departure from the 27.26 motion in which Thomas declared he had paid to get a transcript and perfect the appeal but Mr. Bell forgot to do it. The motion says nothing about suing as a poor person. Ex gratia we will consider the motion amended to raise the issue of counsel's failure to move the trial court for an order allowing Thomas to sue as a poor person. Compare State v. Warren , 321 S.W.2d 705 [1] (Mo. 1959). "At the evidentiary hearing Thomas testified he retained attorney James Bell and paid for the legal services; th”

   1 later decision quote this exact passage
   e.g. 476 So. 2d 635 - Hope v. State