White v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order [t]o prevail on a claim that a conflict of interest worked a denial of the effective assistance of counsel, a defendant like [Green] — one who failed to object to the conflict at trial — must show that “an actual conflict of interest adversely affected his lawyer’s performance.” Cuyler v. Sullivan, 446 U. S. 335, 348 (IV) (B) ( 100 SCt 1708 , 64 LE2d 333) (1980) (footnote omitted). See also Barrett v. State, 292 Ga. 160, 174 (3) (c) (2) ( 733 SE2d 304 ) (2012). As we consider whether [Green] has made such a showing, we do not, however, inquire “into actual conflict as something separate and apart from adverse effect.” Mickens v. Taylor, 535 U. S. 162, 172 (II) n. 5 ( 122 SCt 1237 , 152 LE2d 291) (2002). Rather, as the United States Supreme Court has explained, an “actual conflict of interest” means “a conflict that affected counsel’s performance — as opposed to a mere theoretical division of loyalties.” Id. at 171 (II) (emphasis in original). See also Tolbert v. State, 298 Ga. 147, 148 (2) (a) ( 780 SE2d 298 ) (2015). [Green] “first asserted a conflict of interest on the part of his trial lawyer in a motion for new trial, and on that motion, he had the burden of proving that his trial lawyer had an actual conflict of interest, that is, one that significantly and adversely affected the adequacy of the representation.” Id. at 150 (2) (a).”

   1 later decision quote this exact passage
   e.g. Green v. State