United States v. Phillips’s Empirical Analysis
699 F.2d 798 · 1983
Citation profile
17 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 25 later decisions (1 by the Supreme Court) — most recently April 2003 · most notably Flanagan v. United States (1984), United States v. Lewis (1985)
17 federal appellate · 1 district · 2 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 28 U.S.C. § 1291
Relies on Cohen v. Beneficial Industrial Loan Corp. · Coopers & Lybrand v. Livesay · Abney v. United States · Firestone Tire & Rubber Co. v. Risjord · Stack v. Boyle
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To require a defendant in a criminal case to stand trial and risk conviction while deprived of the services of his chosen counsel without an opportunity to test the legality of the order of disqualification is fundamentally unfair____ From the time of disqualification the defendant’s case is affected by the loss of an attorney in whom he has confidence. Even a most competent counsel who enters the picture following a disqualification of the attorney first selected by the defendant labors under severe handicaps. A defendant erroneously deprived of the fundamental constitutional right to counsel of his choice should not be required to endure the rigors of trial and obloquy of conviction before establishing that error has been committed.”
1 later decision quote this exact passage · from the majority““This decision appears to fall in that small class which finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated.” [Cohen v. Beneficial Loan Corp. ] 337 U.S., [541] at 546 [ 69 S.Ct., 1221 at 1225, 93 L.Ed. 1528 ].”
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.