Lamb v. Estelle’s Empirical Analysis

Citation profile

11 federal appellate ·

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

1. “(a) Determination by court. If the motion has not been dismissed at a previous stage in the proceeding, the judge, after the answer is filed and any transcripts or records of prior court actions in the matter are in his possession, shall, upon a review of those proceedings and of the expanded record, if any, determine whether an evi-dentiary hearing is required. If it appears that an evidentiary hearing is not required, the judge shall make such disposition of the motion as justice dictates. (c) Appointment of counsel; time for hearing. If an evidentiary hearing is required, the judge shall appoint counsel for a mov-ant who qualifies for the appointment of counsel under 18 U.S.C. § 3006A(g) ...”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Vasquez

2. “It is well established in this Circuit, as elsewhere, that an indigent accused is denied effective assistance of counsel at a critical stage of the criminal process when his court-appointed attorney fails to advise him of his right to appeal, the procedure and time limits involved, and of his right to appointed counsel on appeal.”

   1 later decision quote this exact passage · from the majority
   e.g. White v. Johnson