Fleming v. State’s Empirical Analysis
1980
Citation profile
12 federal appellate · 33 state decisions
How this case has been cited
Cited by 55 later decisions (2 by the Supreme Court) — most recently October 2024 · most notably Burger v. Kemp (1987), Cambron v. Canal Insurance (1980)
12 federal appellate · 33 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Glasser v. United States · Johnson v. Zerbst · Faretta v. California · Lockett v. Ohio · Holloway v. Arkansas
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“where the State seeks the death penalty against any one defendant in a criminal transaction, he and his co-defendants must be provided with separate and independent counsel.”
2 later decisions quote this exact passagee.g. Zant v. Hill · Ford v. P Ford“In order to waive a right as fundamental as effective counsel, the trial court must, on the record, determine that the waiver is knowing, intelligent and voluntary. [Cits.] To meet this test, the trial court must be satisfied that the defendant is aware of the possibility of conflicts and the dangerous consequences which may result. [Cit.] The numerous United States Circuit Courts of Appeals which have addressed the issue point out the importance of personal questioning, on the record, by the trial court. [Cits.] Yet this procedure is not itself without problems. The court is unaware of potential areas of conflict and can only allude to the possibilities in the most general terms. Beyond that, the court cannot be sure the defendant is sophisticated enough to understand.”
1 later decision quote this exact passagee.g. Redd v. State“is especially necessary where the death penalty is sought, because in these cases even a slight conflict, irrelevant to guilt or innocence, may be important in the sentencing phase.”
1 later decision quote this exact passagee.g. Burger v. Kemp
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.