Maiden v. Bunnell’s Empirical Analysis
35 F.3d 477 · 1994
Citation profile
18 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 43 later decisions — most recently September 2019 · most notably Pamela Lynn Perillo v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division (2000), Michael Anthony Lockhart v. Ca Terhune Gail Lewis (2001)
18 federal appellate · 1 district · 3 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 · Johnson v. Zerbst · Cuyler v. Sullivan · Estelle v. Williams · Holbrook v. Flynn
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“examine the record to discern whether the attorney's behavior seems to have been influenced by the suggested [conflict].”
2 later decisions quote this exact passage · from the majority“We agree that the prosecutor in Ziegenhagen labored under an actual conflict of interest, but hesitate to adopt the broader per se rule announced in that case. Although the possibilities for actual conflicts are very real when attorneys "switch sides" in a subsequent criminal case involving the same defendant, such conflicts do not automatically occur. Determining whether an attorney has an actual conflict involves a closer examination of the facts of each particular case, with a particular eye to whether the attorney will, in the present case, be required to undermine, criticize, or attack his or her own work product from the previous case.”
1 later decision quote this exact passage · from the majority“In order to establish a violation of the Sixth Amendment ... [Oltarzewski] must demonstrate that an actual conflict of interest adversely affected his lawyer's performance.”
1 later decision quote this exact passage · from the majority
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.