LANE

v.

UNITED STATES

Citator

Cited By (13 total)

• Pierson v. State, 214 So. 2d 17 (Fla. 1st DCA 1968)
  …t to appeal from the judgment and sentence of the court. His complaint seems to be against his counsel for failing to discuss his appeal. In the case of Mitchell v. Follette,1 the court considered and approved the earlier case of Kling v. New York, 381 U.S. 920, 85 S.Ct. 1539, 14 L.Ed.2d 440 (1965) wherein we find the court saying: “We do not find what the Appellate Division said in Kling quite so decisive as suggested. On closer examination it seems rather a make-weight to support the ultimate conclusion…
• United States ex rel. Joel Smith v. The Hon. Daniel McMANN, 417 F.2d 648 (2d Cir. 1969)
• United States ex rel. Edward Mitchell v. Hon. Harold Follette, 358 F.2d 922 (2d Cir. 1966)
  …not merely of fact but of law. The premise of this argument is that in People v. Kling, 19 App.Div.2d 750, 242 N.Y.S.2d 977, 979 (2d Dept. 1963), aff’d, 14 N.Y.2d 571, 248 N.Y.S.2d 661, 198 N.E. 2d 46 (1964) (4-3 vote without opinion), cert. denied, 381 U.S. 920, 85 S.Ct. 1539, 14 L.Ed.2d 440 (1965), the Appellate Division stated, “in a noncapital case, the functions and the authority of assigned counsel terminate with the rendition of judgment” and do not extend to the appeal process, for which the appella…