State v. Brown, 173 P.3d 1021 (Ariz. 2007). · Go Syfert
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State v. Brown, 173 P.3d 1021 (Ariz. 2007). Cases Citing This Book View Copy Cite
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cited 3× by 2 distinct cases, 2010–2024 · …a reasonable probability exists that, but for counsel's errors, the result of the proceeding would have been different. at p. 322 ⚠ not in text
64 citation events (64 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
examined Cited as authority (rule) In Re Term of Parental Rights as to A.F. (3×) also: Cited "see"
Ariz. Ct. App. · 2024 · confidence medium
Id. at 325, ¶ 17. ¶23 Arizona courts have not explicitly decided whether a claim of ineffective assistance of counsel may justify relief in a termination proceeding.
discussed Cited as authority (rule) Emily B., Andrew D. v. Dcs (2×) also: Cited "see"
Ariz. Ct. App. · 2020 · confidence medium
John M., 217 Ariz. at 324, ¶ 13 .
discussed Cited as authority (rule) Harmony F. v. Dcs (2×) also: Cited "see"
Ariz. Ct. App. · 2020 · confidence medium
We need not resolve the issue of whether ineffective assistance of counsel review is applicable in civil dependency/termination proceedings, but note that, as it relates to the “fundamental fairness” standard, we will not reverse a termination order for alleged errors of counsel unless “at a minimum” Mother demonstrates those alleged errors undermine confidence in the proceeding’s outcome and “give rise to a reasonable probability that, but for counsel’s errors, the result would have been different.” John M., 217 Ariz. at 324-25, ¶¶ 14, 18. ¶10 According to Mother, these vis…
discussed Cited as authority (rule) Rodney S. v. Dcs, M.H.
Ariz. Ct. App. · 2018 · confidence medium
Assuming, as we did in John M., that Arizona recognizes such a claim, Father must show both that his “counsel’s representation fell below prevailing professional norms and that a reasonable probability exists that, but for counsel’s error, the result of the proceeding would have been different.” Id. at 322-323, ¶ 8. ¶17 The juvenile court appointed Father’s new counsel within days of allowing Father’s previous counsel to withdraw.
cited Cited as authority (rule) Crystal F. v. Dcs, L.S.
Ariz. Ct. App. · 2018 · confidence medium
Id. at 325, ¶ 17. 7
cited Cited as authority (rule) Melissa M. v. Dcs, J.A.
Ariz. Ct. App. · 2018 · confidence medium
Id. at 325, ¶ 17. 5 MELISSA M. v. DCS, J.A.
examined Cited as authority (rule) Ashley W. v. Dcs (5×) also: Cited "see"
Ariz. Ct. App. · 2017 · confidence medium
Sec., 217 Ariz. 320 , 324, ¶¶ 13–14 (App. 2007) (quoting Strickland v. Washington, 466 U.S. 668, 696 (1984)).2 We presume Mother's counsel provided competent assistance, see State v. Bennett, 213 Ariz. 562, 567, ¶ 22 (2006), and Mother must prove that her counsel's conduct fell below the standard of professional competence and demonstrate a reasonable probability that "but for counsel's errors, the result would have been different." John M., 217 Ariz. at 325, ¶ 18 (citation omitted); Bob H. v. Ariz. Dep't of Econ.
discussed Cited as authority (rule) Jon D., Kristie W. v. Dcs, C.W.
Ariz. Ct. App. · 2015 · confidence medium
In establishing prejudice, a party must do more than simply speculate about the effect counsel’s alleged deficiencies had on the outcome; rather, a party must show “that counsel’s alleged errors were sufficient to ‘undermine confidence in the outcome’ of the severance proceeding and give rise to a reasonable probability that, but for counsel’s errors, the result would have been different.” John M., 217 Ariz. at 325, ¶ 18 (internal citation omitted).4 ¶34 Father’s ineffective assistance of counsel claim lacks merit.
discussed Cited as authority (rule) Tamarra P. v. Dcs, M.B. (2×)
Ariz. Ct. App. · 2015 · confidence medium
She must demonstrate “that counsel’s alleged errors were sufficient to ‘undermine confidence in the outcome’ of the severance proceeding and give rise to a reasonable probability that, but for counsel’s errors, the result would have been different.” John M., 217 Ariz. at 325, ¶ 18 (citations omitted). ¶46 Even assuming that Mother’s counsel’s performance was deficient, Mother has failed to show any resulting prejudice -- that but for her counsel’s errors, the outcome of the proceedings would have been different.
cited Cited as authority (rule) Jessica H. v. Dcs, C.H.
Ariz. Ct. App. · 2015 · confidence medium
Id. at 325, ¶¶ 17–18. 6 JESSICA H. v. DCS, C.H.
discussed Cited as authority (rule) Bob H. v. Arizona Dept. of Economic SEC. (2×)
Ariz. Ct. App. · 2010 · confidence medium
Sec., 217 Ariz. 320, 322-23, ¶ 8 , 173 P.3d 1021, 1023-24 (App.2007) (party claiming ineffective assistance of counsel must show: (1) "counsel's representation fell below prevailing professional norms;" and (2) "a reasonable probability exists that, but for counsel's errors, the result of the proceeding would have been different.") III.
cited Cited "see" Robert L. v. Dcs, A.L.
Ariz. Ct. App. · 2021 · signal: see · confidence high
See John M., 217 Ariz. at 323–25, ¶¶ 12–17.
cited Cited "see" Haley W., Gary W. v. Dcs
Ariz. Ct. App. · 2019 · signal: see · confidence high
See John M., 217 Ariz. at 325, ¶ 19.
Retrieving the full opinion text from the archive…
STATE of Arizona
v.
Richard D. BROWN
CR-07-0236-PR.
Arizona Supreme Court.
Nov 29, 2007.
173 P.3d 1021
Published

ORDERED: Petition for Review = DENIED.

FURTHER ORDERED: The Court of Appeals’ Opinion shall not be published, pursuant to Rule 111(g), Arizona Rules of the Supreme Court.