Strouse v. Leonardo’s Empirical Analysis
928 F.2d 548 · 1991
Citation profile
43 federal appellate · 1 state decisions
How this case has been cited
Cited by 82 later decisions — most recently January 2022 · most notably United States v. Levy (1994), Winkler v. Keane (1993)
43 federal appellate · 1 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 · Townsend v. Sain · Cuyler v. Sullivan · Darden v. Wainwright · Wood v. Georgia
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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]t is well established that the Sixth Amendment right to effective assistance of counsel carries with it a correlative right to representation that is free from conflicts of interest.”
3 later decisions quote this exact passage“develop the circumstances surrounding [the lawyer’s] application for appointment as executor”
2 later decisions quote this exact passage“"It is well established that the Sixth Amendment right to effective assistance of counsel carries with it 'a correlative right to representation that is free from conflicts of interest.' Wood v. Georgia , 450 U.S. 261 , 271, 101 S.Ct. 1097 , 1103, 67 L.Ed.2d 220 (1981).... "In Cuyler v. Sullivan , 446 U.S. 335 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980), the Supreme Court articulated the standard for assessing ineffective assistance of counsel claims based on conflict of interest: 'In order to demonstrate a violation of his Sixth Amendment rights, a defendant must establish that an actual conflict of interest adversely affected his lawyer's performance.' Id. at 350 , 100 S.Ct. at 1719 . Thus, the mere possibility of a conflict is not enough to upset a conviction; the defendant must identify an actual conflict that impeded his lawyer's representation. Id. ; United States v. Jones , 900 F.2d 512 , 519 (2d Cir.), cert. denied, 498 U.S. 846 , 111 S.Ct. 131 , 112 L.Ed.2d 99 (1990). We believe that Strouse has not satisfied this burden thus far. "Strouse's claim that Cally's prior representation of Mrs. Strouse gave rise to a conflict of interest in his representation of Strouse is without merit. Cally's work for Mrs. Strouse, in addition to drafting her will, consisted of occasional real estate work and handling small matters relating to her divorce. We can discern no way in which this prior work for Mrs. Strouse created a conflict in Cally's representation of Strouse at his murder t”
1 later decision quote this exact passagee.g. Townes v. State
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.