How to determine the precedential significance and binding holding of a fractured Supreme Court opinion that lacks a majority rationale (application of the Marks rule)

The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

• On the other side · 8th Cir.United States v. Norquay987 F.2d 475

  “Norquay, 987 F.2d 475 , 482 (8th Cir.1993) (Baldasar forbids an upward departure based solely on uncounseled tribal court misdemeanor convictions), 1 and United States v.” — United States v. Falesbork, acknowledging the split

• On the other side · 9th Cir.United States v. Brady928 F.2d 844

  “Brady, 928 F.2d 844 , 854 (9th Cir.1991) (same; stating, “[A]ny term of imprisonment imposed on the basis of an uncounseled conviction where the defendant did not waive counsel violates the Sixth Amendment under Baldasar.” — United States v. Falesbork, acknowledging the split

• On the other side · 6th Cir.United States v. Nichols979 F.2d 402

  “Nichols, 979 F.2d 402 , 415-18 (6th Cir.1992) (prior uncounseled misdemeanor conviction was properly considered in sentencing under Sentencing Guidelines); United States v.” — United States v. Falesbork, acknowledging the split

• On the other side · 2d Cir.United States v. Castro-Vega945 F.2d 496
• On the other side · 5th Cir.United States v. Eckford910 F.2d 216

  “Eckford, 910 F.2d 216 , 219 (5th Cir.1990) (same; stating, “The inconsistency between Justice Blackmun’s approach and Justice Marshall’s expansive approach has clouded the scope of the Baldasar opinion.”), and United States v.” — United States v. Falesbork, acknowledging the split

• On the other side · 11th Cir.United States v. Peagler847 F.2d 756

What the split turns on

Anchor precedents:

Baldasar446 U.S. 224 ·

Scott

Doctrines & tests:

Marks rule

Constitutional provisions:

Sixth Amendment ·

Fourteenth Amendment