Brien v. United States’s Empirical Analysis
695 F.2d 10 · 1982
Citation profile
58 federal appellate · 15 district · 15 state decisions
How this case has been cited
Cited by 108 later decisions (1 by the Supreme Court) — most recently January 2025 · most notably Mickens v. Taylor (2002), 47 Cal. 3d 808 - People v. Bonin (1989)
58 federal appellate · 15 district · 15 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
Applies 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 371 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Wainwright v. Sykes · Cuyler v. Sullivan · United States v. Frady · Wood v. Georgia · Davis v. United States
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 108 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“demonstrate that some plausible alternative defense strategy or tactic might have been pursued ... [and] establish that the alternative defense was inherently in conflict with the attorney's other loyalties or interests.”
12 later decisions quote this exact passage · from the majority“[A] defendant who shows that a conflict of interest actually affected the adequacy of his representation need not demonstrate prejudice in order to obtain relief.”
5 later decisions quote this exact passage · from the majority“[T]he conflict must be real, not some attenuated hypothesis having little consequence to the adequacy of representation.”
5 later decisions 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.