Phillips v. Warden’s Empirical Analysis

Citation profile

236 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 236 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Unless a [petitioner] makes both showings, it cannot be said that the conviction . . . resulted from a breakdown in the adversary process that renders the result unreliable.”

   8 later decisions quote this exact passage · from the dissent
   e.g. Beverly v. Warden, State Prison, No. Cv 92 1526 S (Feb. 26, 1996) · Lauray v. Warden, No. Cv 92 1458 S (Sep. 24, 1996)

2. “[w]here ... the defendant claims that his counsel was burdened by an actual conflict of interest ... the defendant need not establish actual prejudice.... Where there is an actual conflict of interest, prejudice is presumed because counsel [has] breach[ed] the duty of loyalty, perhaps the most basic of counsel's duties. Moreover, it is difficult to measure the precise effect on the defense of representation corrupted by conflicting interests.... In a case of a claimed conflict of interest, therefore, in order to establish a violation of the sixth amendment the defendant has a two-pronged task. He must establish (1) that counsel actively represented conflicting interests and (2) that an actual conflict of interest adversely affected his lawyer's performance.”

   5 later decisions quote this exact passage
   e.g. 173 Conn. App. 144 - State v. Guaman · 176 Conn. App. 843 - Walker v. Commissioner of Correction

3. “[A] criminal defendant is entitled to be represented by an attorney free from conflicts of interest.”

   3 later decisions quote this exact passage
   e.g. 176 Conn. App. 843 - Walker v. Commissioner of Correction · 167 Conn. App. 233 - Rodriguez v. Commissioner of Correction