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Positive treatment
7.8 score
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 35 distinct citers.
How cited ↗
discussed
Cited "see"
State v. Lender
See State v. Anderson, 322 N.C. 22, 37 , 366 S.E.2d 459, 468 (1988) ("Counsel may argue the facts in evidence and all reasonable inferences that may be drawn therefrom together with the relevant law in presenting the case."), cert. denied, 488 U.S. 975 , 102 L.
discussed
Cited "see"
State v. Theer
See State v. Anderson, 322 N.C. 22, 28 , 366 S.E.2d 459, 463 (“In applying [Rule 702], the trial court is afforded *368 wide discretion and will be reversed only for an abuse of that discretion.”), cer t. denied, 488 U.S. 975 , 102 L.
discussed
Cited "see"
Stanley Williams v. Jeanne S. Woodford, Warden, California State Prison, San Quentin
(2×)
See Williams v. California, 488 U.S. 975 , 109 S.Ct. 514 , 102 L.Ed.2d 549 (1988).
discussed
Cited "see"
Stanley Williams v. Jeanne Woodford, Warden, California State Prison, San Quentin
(2×)
See Williams v. California, 488 U.S. 975 , 109 S.Ct. 514 , 102 L.Ed.2d 549 (1988).
discussed
Cited "see"
State v. Nobles
See State v. Anderson, 322 N.C. 22, 37 , 366 S.E.2d 459, 468 (stating that “[c]ounsel may argue the facts in evi *503 dence and all reasonable inferences that may be drawn therefrom”), cert. denied, 488 U.S. 975 , 102 L.
discussed
Cited "see"
Lee v. United States
(2×)
In this ease the trial court received a jury note that requested anonymity, arguably because one or more jurors were concerned about their safety. 41 However, “[n]othing in this statement intimates that the jurors were exposed to ‘extra-record information.’ ” United States v. Thornton, supra, 1 F.3d at 155 ; see People v. Williams, 44 Cal.3d 1127 , *392 1155-1156, 751 P.2d 901, 920 , 245 Cal.Rptr. 685 , 654 (while “[e]videnee obtained by jurors from sources other than in court is misconduct and constitutes grounds for a new trial if the defendant has been prejudiced thereby ... [i]t …
discussed
Cited "see"
State v. Buckner
See State v. Anderson, 322 N.C. 22, 38 , 366 S.E.2d 459, 469 (holding that any prejudice resulting from a misstatement of the law by the prosecutor was cured by trial court’s proper instruction on applicable law), cert. denied, 488 U.S. 975 , 102 L.
discussed
Cited "see"
State v. Sonka
(2×)
See Presley v. State, 750 S.W.2d 602, 607 (Mo.App.), cert. denied, 488 U.S. 975 , 109 S.Ct. 514 , 102 L.Ed.2d 549 (1988).
cited
Cited "see"
Brow v. Farrelly
See Territorial Ct. of V.I. v. Richards, 673 F. Supp. 152, 157 (D.V.I. 1987), aff'd, 847 F.2d 108 (3d Cir.), cert. denied, 488 U.S. 975 (1988).
discussed
Cited "see"
James Mossow, a Minor by Mary Jane Mossow as Mother and Natural Guardian v. United States
See Irvin v. United States, 845 F.2d 126 (6th Cir.), cert. denied, 488 U.S. 975 , 109 S.Ct. 513 , 102 L.Ed.2d 548 (1988); Scales v. United States, 685 F.2d 970 (5th Cir.1982), ce rt. denied, 460 U.S. 1082 , 103 S.Ct. 1772 , 76 L.Ed.2d 344 (1983).
cited
Cited "see"
State v. White
See State v. Sidebottom, 753 S.W.2d 915, 920 (Mo. banc 1988), cert. denied, 488 U.S. 975 , 109 S.Ct. 515 , 102 L.Ed.2d 550 (1988).
discussed
Cited "see"
People v. Pitts
(2×)
(Hovey, supra, at p. 561 ; see People v. Williams (1988) 44 Cal.3d 1127, 1141 [ 245 Cal.Rptr. 635 , 751 P.2d 901 ], cert. den. 488 U.S. 975 [ 102 L.Ed.2d 549 , 109 S.Ct. 514 ] [“[A] general policy of encouraging inmates to provide useful information does not transform them into government agents; some specific action ‘designed deliberately to elicit incriminating remarks’ is required.” A mere governmental “listening post” does not violate the Sixth Amendment under Kuhlmann].') In the instant case, McCatheron knew that Laurancia had provided information in the past, but not on this …
cited
Cited "see"
State v. Reed
See Presley v. State, 750 S.W.2d 602 (Mo.App.1988), cert. denied, - U.S. -, 109 S.Ct. 514 , 102 L.Ed.2d 549 (1988).
discussed
Cited "see, e.g."
State v. Fletcher
Although the trial court erred by failing to sustain defendant's objection to the challenged prosecutorial argument, the commission of such an error, standing alone, does not suffice to justify a decision to award defendant a new trial, see State v. Jennings , 333 N.C. 579 , 618, 430 S.E.2d 188 , 208, cert. denied , 510 U.S. 1028 , 114 S.Ct. 644 , 126 L.Ed.2d 602 (1993), given that a party's misstatement of the law during the course of its final argument is deemed to have been "cured by the court's correct jury instructions on [the issue misstated]," State v. Phillips , 365 N.C. 103 , 140, 711…
discussed
Cited "see, e.g."
State v. Gabriel
Rather, the reviewing court “must be highly deferential.” Strickland, 466 U.S. at 689 . ¶{48} “Appellate courts, ‘must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action “might be considered sound trial strategy.”’ Id.; see, also, State v. Hamblin (1988), 37 Ohio St.3d 153 , certiorari denied (1988), 488 U.S. 975 .” State v. McGee, 7th Dist.
discussed
Cited "see, e.g."
State v. Mangus, 07 Co 36 (11-24-2008)
Rather, the reviewing court "must be highly deferential." Strickland , at 689 . {¶ 43} Appellate courts, "must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" Id.; see, also, State v. Hamblin (1988), 37 Ohio St.3d 153 , 524 N.E.2d 476 , certiorari denied (1988), 488 U.S. 975 , 109 S.Ct. 515 , 102 L.Ed.2d 550 . *Page 12 {¶ 44} More specifically, where facts and circumstances…
discussed
Cited "see, e.g."
State v. Faulkner
Thus, “a trial court’s ruling on the qualifications of an expert or the admissibility of an expert’s opinion will not be reversed on appeal absent a showing of abuse of discretion.” Howerton v. Arai Helmet, Ltd., 358 N.C. 440, 458 , 597 S.E.2d 674, 686 (2004); see also State v. Anderson, 322 N.C. 22, 28 , 366 S.E.2d 459, 463 , cert. denied, 488 U.S. 975 , 102 L.
discussed
Cited "see, e.g."
State v. Jones, Unpublished Decision (5-19-2005)
Vaughn v. Maxwell (1965), 2 Ohio St.2d 299 , 301 , 209 N.E.2d 164 . {¶ 44} As the Strickland Court stated, a reviewing court: {¶ 45} "Must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy." Id. 466 U.S. at 689 ; see, also, State v. Hamblin (1988), 37 Ohio St.3d 153 , 524 N.E.2d 476 , certiorari denied (1988), 488 U.S. 975 , 102 L.
discussed
Cited "see, e.g."
State v. Hammad, Unpublished Decision (4-21-2005)
As the Strickland Court stated, a reviewing court: {¶ 78} "Must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy." Id. 466 U.S. at 689 ; see, also, State v. Hamblin (1988), 37 Ohio St.3d 153 , 524 N.E.2d 476 , certiorari denied (1988), 488 U.S. 975 , 102 L.Ed.2d 550 , 109 S.Ct. 515 . {¶ 79} With regard to the first and second claim advanced by defendant, we note that statements …
discussed
Cited "see, e.g."
State v. Ogletree, Unpublished Decision (11-24-2004)
Vaughn v. Maxwell (1965), 2 Ohio St.2d 299 , 301 , 209 N.E.2d 164 . {¶ 53} As the Strickland Court stated, a reviewing court: {¶ 54} "[m]ust indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy." Id. 466 U.S. at 689 ; see, also, State v. Hamblin (1988), 37 Ohio St.3d 153 , 524 N.E.2d 476 , certiorari denied (1988), 488 U.S. 975 , 102 L.
discussed
Cited "see, e.g."
City of Brook Park v. French, Unpublished Decision (4-22-2004)
As the Strickland Court stated, a reviewing court: {¶ 25} "Must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy." Id., 466 U.S. at 689 ; see, also, State v. Hamblin (1988), 37 Ohio St.3d 153 , certiorari denied (1988), 488 U.S. 975 . {¶ 26} Further, where the asserted error upon which a claim of deficient performance is premised has been rejected by the reviewing court, then th…
discussed
Cited "see, e.g."
State v. Shadoan, Unpublished Decision (3-31-2004)
As the Strickland Court stated, a reviewing court: "must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" Id. at 689 ; see, also, State v. Hamelin (1988), 37 Ohio St.3d 153 , 524 N.E.2d 476 , certiorari denied (1988), 488 U.S. 975 , 109 S.Ct. 515 , 102 L.Ed.2d 550 (stating that a properly licensed attorney is presumed competent and the appellant bears the burden to establish c…
discussed
Cited "see, e.g."
State v. Smith, Unpublished Decision (1-29-2004)
As the Strickland Court stated, a reviewing court: {¶ 14} "Must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy." Id. 466 U.S. at 689 ; see, also, State v. Hamblin (1988), 37 Ohio St.3d 153 , certiorari denied (1988), 488 U.S. 975 . {¶ 15} In this case, the record indicates that, during the morning session of the plea proceedings, there was a discussion on the record regarding …
discussed
Cited "see, e.g."
State v. Boergert, Unpublished Decision (12-4-2003)
As the Strickland Court stated, a reviewing court: {¶ 21} "Must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy." Id. 466 U.S. at 689 ; see, also, State v. Hamblin (1988), 37 Ohio St.3d 153 , certiorari denied (1988), 488 U.S. 975 .
discussed
Cited "see, e.g."
State v. Turpin, Unpublished Decision (9-18-2003)
As the Strickland Court stated, a reviewing court: {¶ 28} "must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy." Id. 466 U.S. at 689 ; see, also, State v. Hamblin (1988), 37 Ohio St.3d 153 , 524 N.E.2d 476 , cert. den. (1988), 488 U.S. 975 , 109 S.Ct. 515 , 102 L.Ed.2d 550 . {¶ 29} The admission of alleged involuntary and inculpatory statements is governed by the United States…
discussed
Cited "see, e.g."
In the Matter of Riley, Unpublished Decision (7-25-2003)
As the Strickland Court stated, a reviewing court: "must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" Id. at 689 ; see, also, State v. Hamelin (1988), 37 Ohio St.3d 153 , 524 N.E.2d 476 , cert. den. (1988), 488 U.S. 975 , 109 S.Ct. 515 , 102 L.Ed.2d 550 (stating that a properly licensed attorney is presumed competent and the appellant bears the burden to establish counsel'…
discussed
Cited "see, e.g."
State v. Coe
As the Strickland court stated, a reviewing court “must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’ ” Id., 466 U.S. at 689 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 ; see, also, State v. Hamblin (1988), 37 Ohio St.3d 153 , 524 N.E.2d 476 , certiorari denied (1988), 488 U.S. 975 , 109 S.Ct. 515 , 102 L.Ed.2d 550 (stating that a properly licensed attorney is presumed compe…
discussed
Cited "see, e.g."
State v. Rutter, Unpublished Decision (1-27-2003)
As the Strickland Court stated, a reviewing court: "must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" Id., 466 U.S. at 689 ; see, also, State v. Hamelin (1988), 37 Ohio St.3d 153 , 524 N.E.2d 476 , cert. den. (1988), 488 U.S. 975 , 109 S.Ct. 515 , 102 L.Ed.2d 550 (stating that a properly licensed attorney is presumed competent and the appellant bears the burden to establis…
discussed
Cited "see, e.g."
State v. Teets, Unpublished Decision (12-2-2002)
As the Strickland Court stated, a reviewing court: {¶ 23} "must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" Id. , 466 U.S. at 689 ; see, also, State v. Hamelin (1988), 37 Ohio St.3d 153 , 524 N.E.2d 476 , cert. den. (1988), 488 U.S. 975 , 109 S.Ct. 515 , 102 L.Ed.2d 550 (stating that a properly licensed attorney is presumed competent and the appellant bears the burden to…
cited
Cited "see, e.g."
State v. Sanders
State v. Durbin, 885 S.W.2d 323, 325 (Mo.App.1992); see also State v. Sidebottom, 753 S.W.2d 915, 919 (Mo. banc), cert. denied, 488 U.S. 975 , 109 S.Ct. 515 , 102 L.Ed.2d 550 (1988).
discussed
Cited "see, e.g."
State v. Rose
“In this context, any error of the prosecutor in defining the term reasonable doubt could not have denied the defendant due process and did not require a new trial.” State v. Jones, 336 N.C. at 496, 445 S.E.2d at 26 ; see also State v. Anderson, 322 N.C. 22, 38 , 366 S.E.2d 459, 469 (any misstatements of law in prosecutor’s closing argument cured by trial court’s proper instructions), cert. denied, 488 U.S. 975 , 102 L.
cited
Cited "see, e.g."
State v. Stevenson
See also State v. Sidebottom, 753 S.W.2d 915, 920 [6] (Mo. banc 1988), cert. denied, 488 U.S. 975 , 109 S.Ct. 515 , 102 L.Ed.2d 550 (1988).
discussed
Cited "see, e.g."
Joshua Romero, a Minor, by His Father and Next Friend, Clifford A. Romero Clifford A. Romero Roxanna A. Romero v. United States
Compare Del Rio v. United States, 833 F.2d 282 (11th Cir.1987), 4 with Scales v. United States, 685 F.2d 970 (5th Cir.1982), cert. denied, 460 U.S. 1082 , 103 S.Ct. 1772 , 76 L.Ed.2d 344 (1983), 5 and Irvin v. United States, 845 F.2d 126 (6th Cir.), cert. denied, 488 U.S. 975 , 109 S.Ct. 513 , 102 L.Ed.2d 548 (1988).
cited
Cited "see, e.g."
State v. Gleason
See also State v. Sidebottom, 753 S.W.2d 915, 920 (Mo. banc 1988), cert. denied, 488 U.S. 975 , 109 S.Ct. 515 , 102 L.Ed.2d 550 (1988).
cited
Cited "see, e.g."
Robin E. Persons Estate of Kelly Persons and Timothy Persons v. United States
See also Irvin v. United States, 845 F.2d 126, 131 (6th Cir.), cert. denied, 488 U.S. 975 , 109 S.Ct. 513 , 102 L.Ed.2d 548 (1988) (criticizing the Del Rio court’s use of authority). 14 .
Retrieving the full opinion text from the archive…
Missouri
v.
Presley
v.
Presley
No. 88-176.
Supreme Court of the United States.
Nov 28, 1988.
Cited by 20 opinions | Published
Ct. App. Mo., Southern Dist. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.