Oliver v. Wainwright’s Empirical Analysis
782 F.2d 1521 · 1986
Citation profile
23 federal appellate · 4 state decisions
How this case has been cited
Cited by 43 later decisions — most recently June 2009 · most notably United States v. Khoury (1990), Lightbourne v. Dugger (1987)
23 federal appellate · 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Cuyler v. Sullivan · Bonner v. City of Prichard · Holloway v. Arkansas · Stein v. Reynolds Securities, Inc.
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An actual conflict of interest exists whenever “counsel’s introduction of probative evidence or plausible arguments that would significantly benefit one defendant would damage the defense of another defendant whom the same counsel is representing.” Baty v. Balkcom, 661 F.2d at 395 (citations omitted) (emphasis added). To demonstrate an actual conflict, defendants must be able to point to “ ‘specific instances in the record to suggest an actual conflict or impairment of their interests.’ ” United States v. Mers, 701 F.2d 1321, 1328 (11th Cir.) (citation omitted) (emphasis added), cert. denied, 464 U.S. 991 , 104 S.Ct. 481 , 78 L.Ed.2d 679 (1983). A conflict which is merely hypothetical does not warrant reversal. Id. at 1331. Thus, an alleged conflict of interest is not significant unless the alternative defense or strategy suggested is plausible. Foxworth v. Wainwright, 516 F.2d 1072, 1080 (5th Cir.1975) (citation omitted).”
1 later decision quote this exact passage · from the majority“must demonstrate that an actual conflict of interest adversely affected his lawyer's performance.”
1 later decision quote this exact passage · from the majority“support the conclusion that an actual conflict of interest existed[,]”
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.