Green v. Arn’s Empirical Analysis
809 F.2d 1257 · 1987
Citation profile
40 federal appellate · 10 state decisions
How this case has been cited
Cited by 64 later decisions (1 by the Supreme Court) — most recently April 2017 · most notably Perry v. Leeke (1989), United States v. Swanson (1991)
40 federal appellate · 10 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 · Gideon v. Wainwright · Delaware v. Van Arsdall · Davis v. Alaska · United States v. Cronic
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although it may be that some absences by a criminal defendant’s attorney might be so de minimis that there would be no constitutional significance, the instant record unequivocally demonstrates that [defense counsel’s] absence was not de minimis. In our view, the record permits but one conclusion: petitioner’s constitutional right to counsel was implicated by [defense counsel’s] absence.”
3 later decisions quote this exact passage · from the majority“need only show that counsel was absent during a critical stage of the proceedings in order to establish the constitutional violation.”
2 later decisions quote this exact passage · from the majority“Our holding that petitioner was denied a fair trial is buttressed by the actions of the trial judge. In Siverson [v. O’Leary, 764 F.2d 1208 (7th Cir.1985) ], the Seventh Circuit noted that in situations where a defendant is without assistance of counsel at a critical stage, “the court can help protect the defendant’s rights by at least insuring that the defendant is aware of and understands the right to have counsel present....” In the instant case, the trial judge seemed to believe that he and [the attorney] could decide, unthout consulting petitioner, when [the attorney] could absent himself from the proceedings. Thus, in a situation where the impairment of petitioner’s Sixth Amendment right was easy to identify and prevent, the government instead acted to further the deprivation. In such circumstances there is little reason to allow the government to attempt to show a lack of prejudice.”
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.