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← 269 CALAPP2D 86 - People v. Gallardo

People v. Gallardo’s Empirical Analysis

1969

Citation profile

28
cited by 28 later decisions
4
states following
December 1983
most recently cited

26 state decisions

How this case has been cited

Cited by 28 later decisions — most recently December 1983 · most notably 13 Cal. 3d 663 - People v. Cook (1975), 35 Cal. 3d 86 - People v. Mroczko (1983)

26 state decisions

170196919701980decided

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 Chapman v. State of California · Glasser v. United States · Malinski v. People of State of New York · Local Union No. 12 v. National Labor Relations Board · People v. Massie

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

  1. “The right to counsel at trial guaranteed by the Sixth Amendment of the United States Constitution ( Gideon v. Wainwright (1963) 372 U.S. 335 [ 9 L.Ed.2d 799 , 83 S.Ct. 792 , 93 A.L.R.2d 733 ]) and article I, section 13 of the California Constitution does not include an automatic right to separate counsel for each codefendant. One counsel may represent more than one defendant so long as the representation is effective. ( Powell v. Alabama (1932) 287 U.S. 45, 71 [ 77 L.Ed. 158, 171-172 , 53 S.Ct. 55 , 84 A.L.R. 527 ].) [3] Effective assistance of counsel is assistance `untrammeled and unimpaired by a court order requiring that one lawyer shall simultaneously represent conflicting interests.' ( Glasser v. United States (1942) 315 U.S. 60, 70 [ 86 L.Ed. 680, 699 , 62 S.Ct. 457 ]; People v. Douglas (1964) 61 Cal.2d 430, 437 [ 38 Cal. Rptr. 884 , 392 P.2d 964 ].) If counsel must represent conflicting interests or is ineffective because of the burdens of representing more than one defendant, the injured defendant has been denied his constitutional right to effective counsel. ( United States v. Glasser, supra ; People v. Robinson (1954) 42 Cal.2d 741, 745-748 [ 269 P.2d 6 ]; People v. Lanigan (1943) 22 Cal.2d 569, 576-577 [ 140 P.2d 24 , 148 A.L.R. 176 ]; People v. Douglas, supra ; People v. Donohoe (1962) 200 Cal. App.2d 17, 24 [ 19 Cal. Rptr. 454 ].)”
    1 later decision quote this exact passage · from the concurrence
  2. ““[I]t is usually the very error of not appointing separate counsel which makes it so difficult for the defendants to point to tangible evidence of prejudice.””
    1 later decision quote this exact passage
  3. “... the facts of the case are fraught with potentially effective individual defenses,”
    1 later decision quote this exact passage · from the concurrence

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.