Fogarty v. State’s Empirical Analysis
1999
Citation profile
18 state decisions
How this case has been cited
Cited by 19 later decisions — most recently April 2021
18 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 Strickland v. Washington · Glasser v. United States · Cuyler v. Sullivan · Dukes v. Warden, Connecticut State Prison · Aflac, Inc. v. Williams
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“However, “it is difficult to measure the precise effect on the defense of representation corrupted by conflicting interests.” Strickland v. Washington, supra at 692 (III) (B). In those instances wherein the defendant’s right to counsel is denied altogether, a per se presumption of prejudice to the defense applies. “Prejudice in these circumstances is so likely that case-by-case inquiry into prejudice is not worth the cost. [Cit.]” Strickland v. Washington, supra at 692 (III) (B).”
1 later decision quote this exact passage“[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.”
1 later decision quote this exact passagee.g. Bourassa v. State
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.