Winkler v. Keane’s Empirical Analysis
7 F.3d 304 · 1993
Citation profile
80 federal appellate · 3 district · 18 state decisions
How this case has been cited
Cited by 167 later decisions — most recently October 2025 · most notably United States v. Levy (1994), Boria v. Keane (1996)
80 federal appellate · 3 district · 18 state decisions — followed in 12 states
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 · Cuyler v. Sullivan · Sumner v. Mata · Granito v. United States · Wrenn v. McFadden
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 167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'diverge with respect to a material factual or legal issue or to a course of action.'”
10 later decisions quote this exact passage · from the majority“'plausible alternative defense strategy'”
9 later decisions quote this exact passage · from the majoritye.g. Beets v. Scott · In re James Burke“'[I]f a defendant establishes that her attorney has a potential conflict of interest, in order to prove that the conflict resulted in a violation of her Sixth Amendment right to effective assistance of counsel, she must demonstrate prejudice.'”
4 later decisions 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.