Winfield v. Roper’s Empirical Analysis
460 F.3d 1026 · 2006
Citation profile
23 federal appellate · 9 district · 5 state decisions
How this case has been cited
Cited by 54 later decisions — most recently June 2025 · most notably Worthington v. Roper (2011), Young v. Sirmons (2008)
23 federal appellate · 9 district · 5 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.
Appellate journey
Relationships
Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Coleman v. Thompson · Cuyler v. Sullivan · Wiggins v. Smith, Warden · Harris v. Reed
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”
2 later decisions quote this exact passage · from the majority“To be successful [a petitioner] would have to identify an actual demonstrable adverse effect, not merely an abstract or theoretical one.... To establish that there was a conflict in representation, the [petitioner] must show that the conflict caused the attorney’s choice to engage or not to engage in particular conduct. ... Such a showing required the [petitioner] to identify a plausible alternative defense strategy or tactic that defense counsel might have pursued; show that the alternative strategy was objectively reasonable under the facts of the case; and establish that the defense counsel’s failure to pursue that strategy or tactic was linked to the actual conflict.”
1 later decision quote this exact passage · from the majority“No rule of court or reported Missouri case of which we are aware specifies the circumstances under which Missouri appellate courts allow pro se briefs. A state procedural rule must be regularly adhered to if it is to be an adequate state ground supporting a procedural bar. Sometimes Missouri courts allow pro se briefs, and sometimes they do not. That is their prerogative. But in the absence of regularly applied criteria, the decision not to allow such a brief cannot be said to rest on a regularly applied rule of state procedural law.”
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.