Koste v. Dormire’s Empirical Analysis
345 F.3d 974 · 2003
Citation profile
7 federal appellate · 2 district ·
Appellate journey
Relationships
Applies 28 U.S.C. § 2106 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Cuyler v. Sullivan · Holloway v. Arkansas · Michael Wayne Williams v. John Taylor Warden · Wood v. Georgia
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.
“The Supreme Court [has rejected the] argument that, where the trial judge has failed to make a Sullivan-type inquiry notwithstanding an apparent attorney conflict of interest, reversal is automatic regardless of whether the conflict affected the attorney’s performance.... The Supreme Court [has] concluded that, where the trial court knew or reasonably should have known about a potential attorney conflict of interest and yet failed to make an inquiry, the petitioner, in order to void the conviction, must show that the conflict of interest had an adverse effect on his or her counsel’s performance.”
1 later decision quote this exact passage · from the majority“at a minimum, seek an evidentiary hearing in state court in the manner prescribed by state law.”
1 later decision quote this exact passage · from the majoritye.g. Roseberry v. Ryan
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.