Ingle v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is setded that “[requiring or permitting a single attorney to represent codefendants, often referred to as joint representation, is notperse violative of constitutional guarantees of effective assistance of counsel.” Holloway v. Arkansas, 435 U.S. 475, 482 (1978). In many cases, “ ‘[a] common defense gives strength against a common attack.’ ” Id. at 482-83 (quoting Glasser v. United States, 315 U.S. 60, 92 (1942) (Frankfurter, J., dissenting)). However, appointing or permitting a single attorney to represent codefendants does create a possible conflict of interest that could prejudice either or both clients. See Burger v. Kemp, 483 U.S. 776 , 107 S.Ct. 3114, 3120 (1987). The possibility of prejudice does not justify “an inflexible rule that would presume prejudice in all cases.” Id. Instead, prejudice is presumed “ ‘only if the defendant demonstrates that counsel “actively represented conflicting interests” and “an actual conflict of interest adversely affected his lawyer’s performanee.” ’ ” Id. (quoting Strickland v. Washington, 466 U.S. 668, 692 (1984) (quoting Cuyler v. Sullivan, 446 U.S. 335, 348, 350 (1980) (footnote omitted)).”

   1 later decision quote this exact passage · from the dissent
   e.g. Harrison v. State