Richard Winkler v. John Keane, Superintendent, Sing Sing Correctional Facility

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the defendant need not show that the defense would have been successful if the strategy had been used, but only that it possessed sufficient substance to be a viable alternative and was inherently in conflict with the attorney’s other loyalties or interests
• using Cuyler in a case where a criminal defense attorney was paid on a contingency fee basis
• approving state court’s discounting of uncorroborated testimony of defendant’s mother that he passed her note during trial indicating willingness to take plea
• contingent fee reliant on acquittal was disincentive to seeking plea bargain, but no adverse effect shown
• applying Cuyler to conflict created by attorney working on contingency fee in criminal case
• \Whether a defendant's representation was constitutionally inadequate is a mixed question of law and fact and thus we exercise de novo review.\

Source: CourtListener parenthetical corpus (CC0).