75 Ill. 2d 173 - People v. Franklin’s Empirical Analysis
1979
Citation profile
29 state decisions
How this case has been cited
Cited by 29 later decisions — most recently May 2023 · most notably 123 Ill. 2d 1 - People v. Spreitzer (1988), 206 Ill. 2d 465 - People v. Graham (2003)
29 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 Holloway v. Arkansas · 73 Ill. 2d 7 - People v. Precup · 74 Ill. 2d 329 - People v. Vriner · 40 Ill. 2d 109 - The People v. Stoval · 67 Ill. 2d 127 - People v. Coslet
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"This court has repeatedly stated that a defendant’s fundamental right to effective assistance of counsel entitles the person represented to the undivided loyalty of counsel and prohibits a defense attorney from representing conflicting interests or undertaking the discharge of inconsistent obligations. [Citations.] In furtherance of this fundamental right, this court has adopted a per se rule which provides essentially that where defense counsel is involved in an actual or potential conflict of interest, it is unnecessary for the defendant to establish actual prejudice, as prejudice is presumed by law.” (Franklin, 75 Ill. 2d at 176 , 387 N.E.2d at 686 .)”
2 later decisions quote this exact passage · from the majority““In the case before us, defense counsel, while he was employed by the State’s Attorney’s office, was not involved in defendant’s case. Although he had, 4Jg years earlier, prosecuted and convicted defendant on a prior burglary charge, he had no recollection thereof during the trial. Obviously, the ‘subliminal effects’ referred to in Stoval ( 40 Ill. 2d 109,113 ) and ‘subtle influences’ suggested in Kester ( 66 Ill. 2d 162, 163 ) need not concern us here for those factors require an awareness, not present here, of the facts creating them.” (Emphasis added.)”
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.