Commonwealth v. Fogarty’s Empirical Analysis
1995
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently January 2010
19 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 Glasser v. United States · Cuyler v. Sullivan · Meehan v. SHAUGHNESSY COHEN · Fogarty v. Commonwealth · Commonwealth v. Hodge
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.
““If a defendant demonstrates an actual conflict of interest, art. 12 does not require the defendant to show that the conflict resulted in actual prejudice or that it had an adverse effect on his counsel’s performance. Commonwealth v. Shraiar, 397 Mass. 16 , 20 n.3 (1986); Commonwealth v. Hodge, 386 Mass. 165, 170 (1982) (‘having established a genuine conflict of interest, [the defendant] was required to prove neither actual prejudice nor adverse effect on his trial counsel’s performance to entitle him to a new trial under art. 12’). However, where a defendant can show nothing more than a potential conflict, the conviction will not be reversed except on a showing of actual prejudice. Commonwealth v. Epsom, 399 Mass. 254, 262-263 (1987); Commonwealth v. Shraiar, supra at 24 , and cases cited.””
1 later decision quote this exact passagee.g. Commonwealth v. Dahl
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.