United States v. Mers’s Empirical Analysis
701 F.2d 1321 · 1983
Citation profile
119 federal appellate · 2 district · 34 state decisions
How this case has been cited
Cited by 200 later decisions (1 by the Supreme Court) — most recently March 2021 · most notably United States v. Balistrieri (1985), United States v. McLernon (1984)
119 federal appellate · 2 district · 34 state decisions — followed in 11 states
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. § 2 · 18 U.S.C. § 3161 (§ 101 of the Speedy Trial Act of 1974) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 636
Relies on Brady v. State of Maryland · Glasser v. United States · Cuyler v. Sullivan · Holloway v. Arkansas · Mansion House Center South Redevelopment Co. 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 200 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“made a choice between possible alternative courses of action, such as eliciting (or failing to elicit) evidence helpful to one client but harmful to the other. If he did not make such a choice, the conflict remained hypothetical.”
29 later decisions quote this exact passage · from the majority“An actual conflict exists when the respective defenses of multiple defendants are inconsistent, i.e., if “introduction of probative evidence or plausible arguments that would significantly benefit one defendant would damage the defense of another defendant____””
5 later decisions quote this exact passage · from the majority“... the court shall promptly inquire with respect to such joint representation and shall personally advise each defendant of the right to the effective assistance of counsel, including separate representation.”
4 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.