507 F. Supp. 2d 968 - Carlson v. Jess’s Empirical Analysis
2007
Citation profile
1 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 2243 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Williams v. Taylor · Faretta v. California · Gideon v. Wainwright
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.
“I have tried on numerous occasions to convey my concerns with Mr. Kaiser, to no avail. I have been met with argumentative comments, I have been met with the impression to take a plea bargain which I’ve signed several papers stating I would not, and that seems to be our whole matters.... ... I have not received one piece of paper concerning this case since I have been incarcerated. I have not one sheet of paper about this case to look back on when I am in jail. Also, one of [Kaiser’s] associates, who I will not name, when I met the first time I could swear under oath I have smelled liquor on his breath. I am not — I am not gonna mention any names, I didn’t want to risk a lawsuit. And also I have talked to Mr. Kaiser several times about different witnesses that obviously he doesn’t feel I need, and I have mentioned to him and so have my parents and my wife about possibly different people we could bring, prior to May 23rd or whatever that was, and I still have not heard nothing about that either.”
1 later decision quote this exact passage · from the majoritye.g. Carlson v. Jess“Against [Carlson’s request to substitute counsel and for a continuance] the Court has the responsibility, some countervailing responsibilities. One is to administration of this Court.... I have the victim rights obligations that I have to consider, I have to consider a fair trial for you, and I have to consider the administration of this Court’s calendar.... I don’t have another date that could fit a trial like this in until probably after the beginning of the year.... I also have a young victim, not the youngest as I acknowledged yesterday, who has to have this hanging out over their head. And on balance I denied the request. And I am comfortable with the request, I’m comfortable that Mr. Kaiser can represent you in a competent manner. 90 days ago this trial date was set, and the desire to have a different lawyer or these other issues should have been brought up much earlier in the proceedings.”
1 later decision quote this exact passage · from the majoritye.g. Carlson v. Jess“I think here there are paramount issues. And the first issue is the orderly administration of this Court. I said last week or on the 14th that it would be months before this case got back on the trial calendar. And these late motions to withdraw, I am not inclined to grant it— in fact, I am not going to grant the motion to withdraw. This case is going to trial tomorrow. I don’t see any reason why it can’t go. This Court is prepared to try it. I also am concerned that you have a young victim in this. Not as young as some the Court sees, but young. And I don’t see anything in the motion papers that were filed by Attorney Shellow that is of a magnitude that causes the Court to hesitate and say this Court can’t go to trial tomorrow. I am ordering it to go ahead.”
1 later decision quote this exact passage · from the majoritye.g. Carlson v. Jess
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.