Brooks v. Kincheloe’s Empirical Analysis
848 F.2d 940 · 1988
Citation profile
16 federal appellate · 4 state decisions
How this case has been cited
Cited by 34 later decisions — most recently June 2023 · most notably Sanchez v. United States (1995), Beaty v. Stewart (2002)
16 federal appellate · 4 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.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Massiah v. United States · Sumner v. Mata · Patton v. Yount · Maine v. Moulton · Kuhlmann v. Wilson
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“that Kee was not a government agent at the time that Brooks made the incriminating statements concerning the murder.... While these findings indicate that Kee did take action beyond mere listening, they also clearly demonstrate that he did this before the detectives talked to him.”
3 later decisions quote this exact passage“the burden is on the petitioner to establish by convincing evidence that the factual determination of the state court was erroneous.”
1 later decision quote this exact passage“by luck or happenstance--the State obtains incriminating statements from the accused after the right to counsel has attached.”
1 later decision quote this exact passagee.g. Wells v. Vasquez
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.