State v. Turner’s Empirical Analysis

Citation profile

2 federal appellate · 38 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A conflict of interest places a defense attorney in a situation inherently conducive to divided loyalties. The phrase “conflict of interest” denotes a situation in which regard for one duty tends to lead to disregard of another; where a lawyer’s representation of one client is rendered less effective by reason of his representation of another client; or where it becomes a lawyer’s duty on behalf of one client to contend for that which his duty to another client would require him to oppose.”

   3 later decisions quote this exact passage
   e.g. State v. Williams · State v. Powell

2. “places a defense attorney in a situation inherently conducive to divided loyalties. . . . The phrase “conflict of interest” denotes a situation in which regard for one duty tends to lead to disregard of another . . . where a lawyer’s representation of one client is rendered less effective by reason of his representation of another client... or where it becomes a lawyer’s duty on behalf of one client to contend for that which his duty to another client would require him to oppose .... A conflict of interest exists “whenever one defendant stands to gain significantly by counsel adducing probative evidence or advancing plausible arguments that are damaging to the cause of a codefendant whom counsel is also representing.””

   2 later decisions quote this exact passage
   e.g. State v. Marchese · State v. Narcisse

3. “A conflict of interest places a defense attorney in a situation inherently conducive to divided loyalties. . . . The phrase “conflict of interest” denotes a situation in which regard for one duty tends to lead to disregard of another... where a lawyer’s representation of one client is rendered less effective by reason of his representation of another client... or where it becomes a lawyer’s duty on behalf of one client to contend for that which his duty to another client would require him to oppose____A conflict of interest exists “whenever one defendant stands to gain significantly by counsel adducing probative evidence or advancing plausible arguments that are damaging to the cause of a codefendant whom counsel is also representing.”... In criminal proceedings a defendant’s right to effective counsel includes a lawyer’s representation free from conflicting interests____ However, a sole attorney’s multiple representation of codefendants is not per se a violation of the constitutional guarantee of effective assistance of counsel. . . . “An ‘attorney representing two defendants ... is in the best position professionally and ethically to determine when a conflict of interest exists or will probably develop in the course of atrial.’ ”... “In order to establish a violation of the Sixth Amendment, a defendant who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer’s performance____ “. . . Thus, a defendant who shows that ”

   1 later decision quote this exact passage
   e.g. State v. Schneckloth