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32 Texas opinions name it 3 courts 1980–2026 5 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cuyler v. Sullivangreen2 sentences2016Until the defendant shows “counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” See Sullivan, 446 U.S. at 350 , 100 S. Ct. at 1719 . 2016Until the defendant shows “counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” See Sullivan, 446 U.S. at 350 , 100 S. Ct. at 1719 . | 6 | 27 |
Routier v. Stategreen2 sentences2015Monreal, 947 S.W.2d at 564 ; Gaston, 136 S.W.3d at 26 318. “[A] potential conflict may become an actual conflict, but [an appellate court need not] speculate about a strategy an attorney might have pursued ... in the absence of some showing that the potential conflict became an actual conflict.” Routier v. State, 112 S.W.3d 554, 585 (Tex. Crim. App. 2003). “[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Acosta v. State, 233 S.W.3d 349, 355 (Tex. Crim. App. 2007) 2012App. 1989) ("potential, speculative conflicts of interest" may not be "elevated to the position of actual, significant conflicts"). "[A] potential conflict may become an actual conflict, but [an appellate court need not] speculate about a strategy an attorney might have pursued . . . in the absence of some showing that the potential conflict became an actual conflict." Routier , 112 S.W.3d at 585 (referencing the analysis in James , 763 S.W.2d at 781 ). "'[U]ntil a defendant shows that his counsel actively represented conflicting interests , he has not established the constitutional predicate | 5 | 5 |
Acosta v. Stategreen2 sentences2022We also find that counsel could have believed that he was not required to withdraw from Father’s representation because there was no actual conflict of interest. “[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Acosta v. State, 233 S.W.3d 349, 355 (Tex. Crim. 2015Monreal, 947 S.W.2d at 564 ; Gaston, 136 S.W.3d at 26 318. “[A] potential conflict may become an actual conflict, but [an appellate court need not] speculate about a strategy an attorney might have pursued ... in the absence of some showing that the potential conflict became an actual conflict.” Routier v. State, 112 S.W.3d 554, 585 (Tex. Crim. App. 2003). “[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Acosta v. State, 233 S.W.3d 349, 355 (Tex. Crim. App. 2007) | 3 | 8 |
Gonzales v. Stategreen2 sentences1984As stated in Gonzales v. State, 605 S.W.2d 278, 282 (Tex.Crim.App.1980): It follows, then, that where, as here, trial counsel compounds the breach of a legal and professional duty by failing to voice an objection to potentially conflicting interests vis-a-vis his several clients, his unwitting client has not established the constitutional predicate for his claim of ineffective assistance of counsel unless and until he can demonstrate that his counsel has represented actually conflicting interests which in turn adversely affected his lawyer’s performance. 1982Gonzales, supra, at 282 . | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
James v. State
green
2 sentences2012App. 1989) (“potential, speculative conflicts of interest” may not be “elevated to the position of actual, significant conflicts”). “[A] potential conflict may become an actual conflict, but [an appellate court need not] speculate about a strategy an attorney might have pursued . . . in the absence of some showing that the potential conflict became an actual conflict.” Routier, 112 S.W.3d at 585 (referencing the analysis in James, 763 S.W.2d at 781 ). “‘[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for 2012App. 1989) ("potential, speculative conflicts of interest" may not be "elevated to the position of actual, significant conflicts"). "[A] potential conflict may become an actual conflict, but [an appellate court need not] speculate about a strategy an attorney might have pursued . . . in the absence of some showing that the potential conflict became an actual conflict." Routier , 112 S.W.3d at 585 (referencing the analysis in James , 763 S.W.2d at 781 ). "'[U]ntil a defendant shows that his counsel actively represented conflicting interests , he has not established the constitutional predicate | 4 | 2011–2012 |
Thompson v. State
green
2 sentences2004Thompson , 94 S.W.3d at 16 . 2004Thompson , 94 S.W.3d at 16 . | 2 | 2004–2004 |
Monreal v. State
green
1 sentence2015Monreal, 947 S.W.2d at 564 ; Gaston, 136 S.W.3d at 26 318. “[A] potential conflict may become an actual conflict, but [an appellate court need not] speculate about a strategy an attorney might have pursued ... in the absence of some showing that the potential conflict became an actual conflict.” Routier v. State, 112 S.W.3d 554, 585 (Tex. Crim. App. 2003). “[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Acosta v. State, 233 S.W.3d 349, 355 (Tex. Crim. App. 2007) | 1 | 2015–2015 |
Gaston v. State
green
1 sentence2015Monreal, 947 S.W.2d at 564 ; Gaston, 136 S.W.3d at 26 318. “[A] potential conflict may become an actual conflict, but [an appellate court need not] speculate about a strategy an attorney might have pursued ... in the absence of some showing that the potential conflict became an actual conflict.” Routier v. State, 112 S.W.3d 554, 585 (Tex. Crim. App. 2003). “[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Acosta v. State, 233 S.W.3d 349, 355 (Tex. Crim. App. 2007) | 1 | 2015–2015 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.