United States v. Marrera’s Empirical Analysis
768 F.2d 201 · 1985
Citation profile
29 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 42 later decisions — most recently August 2018 · most notably United States v. Levy (1994), Beets v. Scott (1995)
29 federal appellate · 1 district · 4 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. § 2113 · 18 U.S.C. § 2314 · 18 U.S.C. § 371 · 18 U.S.C. § 844
Relies on Strickland v. Washington · Cuyler v. Sullivan · Holloway v. Arkansas · Bates v. State Bar · Railway Labor Executives' Ass'n v. Gibbons
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he trial judge gave [defense] counsel forewarning of the potential conflict and thereafter reasonably relied on defense counsel to bring to the court's attention any conflict that might arise during the course of his representation.... [Because c]ounsel never mentioned the conflict problem again [, t]he judge did not neglect his duty in not inquiring further into the potential conflict problem. See Cuyler, 446 U.S. at 346-48 , 100 S.Ct. at 1717-18 ("Absent special circumstances, ... trial courts may assume either that multiple representation entails no conflict or that the lawyer and his clients knowingly accept such risk of conflict as may exist"). Marrera, 768 F.2d at 206 .”
3 later decisions quote this exact passage · from the majority“[t]o decide whether to apply the Holloway test and afford defendant a per se presumption of prejudice or to apply the Cuyler test and grant the presumption of prejudice only upon a showing of actual conflict and adverse effect on counsel's performance, we must first determine whether the defendant put the trial judge on notice of the alleged conflict.”
3 later decisions quote this exact passage · from the majority“[S]ince ... the judge was not put on notice of an actual conflict and fulfilled his duty in warning counsel of the possibility for conflict, [the Marrera court] appl[ied] the Cuyler test, that is, [it] inquire[d] whether the potential conflict ever developed into an actual conflict which adversely affected defense counsel's performance.”
3 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.