97 N.J. Super. 23 - State v. Ebinger’s Empirical Analysis

Citation profile

18 state decisions

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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The right to adequate and effective representation by counsel is so fundamental that invocation of it cannot be made to depend on a showing of prejudice. Gideon v. Wainright, 372 U. S. 335 , 83 S. Ct. 792 , 9 L. Ed. 2d 799 (1963). See Glasser v. United States, 315 U. S. 60 , 62 S. Ct. 457 , 86 L. Ed. 680 (1942) ; Porter v. United States [5 Cir., 298 F. 2d 461 ] supra. Moreover, where, as here, a substantial conflict of interest is present, the matter of adequate and effective representation falls into a shadowy area which is almost impossible to probe. We hold that in the circumstances here presented defendant did not have adequate and effective representation at trial in the constitutional sense and that, irrespective of the question of actual prejudice, his conviction cannot stand. [Id. at 27]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Land

2. “at the time of trial, had substantially conflicting interests, and counsel could not serve the best interests of both of them at the same time.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bellucci