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← 763 SW2D 776 - James v. State

James v. State’s Empirical Analysis

1989

Citation profile

25
cited by 25 later decisions
1
states following
August 2013
most recently cited

25 state decisions

How this case has been cited

Cited by 25 later decisions — most recently August 2013 · most notably Ex Parte Morrow (1997), Routier v. State (2003)

25 state decisions

1301989199020002010decided

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 Strickland v. Washington · Cuyler v. Sullivan · Holloway v. Arkansas · Ex Parte Duffy · Ingham v. State

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.

  1. “In each of these cases the potential for conflict inherent in multiple representation became an actual conflict due to the inculpatory or exculpatory nature of testimony or the strategy adopted by defense counsel in the particular case. That is not reflected in the case before us today. Each appellant had a distinct alibi supported, albeit sometimes weakly, by separate witnesses. Each appellant testified, in effect bolstering both alibi defenses. There is no conflict between the testimony of these appellants, the testimony in effect bolstering an individual appellant’s own defense, a potential conflict does not rise to the level of an actual conflict of interest. In line with this, we hold that the testimony between alibi witnesses for appellants in no way conflicted with either defense, and an actual conflict of interest has not been shown.”
    1 later decision quote this exact passage
  2. “What evidence we do have comes in the form of speculative argument from appellants’ counsel on appeal, later adopted by the appeals court in analyzing the issue. Again in his response to the State’s petition for discretionary review, appellant underscores the point that the appeals court opinion was based upon the “likelihood that the defense attorney could have, would have and should have” advanced evidence and arguments advantageous to each defendant but did not do so because of the multiple representation problem.”
    1 later decision quote this exact passage
  3. “[A]n actual and significant conflict of interest of the degree requiring reversal exists when `one defendant stands to gain significantly by counsel adducing probative evidence or advancing plausible arguments that are damaging to the cause of a co-defendant whom counsel is also representing.'”
    1 later decision quote this exact passage
    e.g. In Re BLD

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.