green
Positive treatment
Issue: Strickland testDE ↗
Issue: IAC claimDE ↗
Issue: ineffective assistance of counsel claimDE ↗
Issue: two- pronged testDE ↗
Quoted verbatim 2×
47.0 score
G Cite
cited 2× by 2 distinct cases ·
…stricklana' is a two-pronged test, and there is no need to examine whether an attorney performed deficiently if the deficiency did not prejudice the defendant.
at p. 3
⚠ not in text
cited 2× by 2 distinct cases, 2016–2023 ·
…strickland is a two- pronged test, and there is no need to examine whether an attorney performed deficiently if the deficiency did not prejudice the defendant.
at p. 3
⚠ not in text
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015
2020
2026
Top citers, strongest first. 45 distinct citers.
How cited ↗
examined
Cited as authority (verbatim quote)
State v. Dillard
(3×)
also: Cited as authority (rule)
stricklana' is a two-pronged test, and there is no need to examine whether an attorney performed deficiently if the deficiency did not prejudice the defendant.
discussed
Cited as authority (verbatim quote)
State v. Dillard
(2×)
also: Cited as authority (rule)
stricklana' is a two-pronged test, and there is no need to examine whether an attorney performed deficiently if the deficiency did not prejudice the defendant.
discussed
Cited as authority (rule)
State v. Ushler
(2×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 28 Green, 238 A.3d at 174. 29 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
examined
Cited as authority (rule)
State v. Hayman-Cooper
(3×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 32 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
cited
Cited as authority (rule)
Cooke v. State
Even if the investigation into Campbell’s interactions with police that 231 See Alston v. State, 125 A.3d 676 , 2015 WL 5297709, at *3 (Del.
discussed
Cited as authority (rule)
State v. Benson
(2×)
also: Cited "see, e.g."
Apr. 1, 2002). 95 Green, 238 A.3d at 174. 96 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
discussed
Cited as authority (rule)
State v. Benson
(2×)
also: Cited "see, e.g."
Specifically, Benson alleges, Trial Counsel was ineffective for failing to: (1) understand the evidence, or lack thereof, when presenting the Motion of Judgement of Acquittal at the retrial in June 2019; (2) request a polling of the jurors; (3) present, or properly present, the 93 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
discussed
Cited as authority (rule)
State v. Calhoun
(2×)
also: Cited "see, e.g."
Sept. 4, 2015). 71 Green v. State, 238 A.3d 160 , 174 (Del. 2020) (quoting Strickland, 466 U.S. at 689 )). 72 Id. (quoting Burger v. Kemp, 483 U.S. 776, 794 (1987)). 73 Cooke v. State, 977 A.2d 803, 840 (Del. 2009) (internal quotations omitted). 74 Alston, 2015 WL 5297709, at *3 (citing Wright v. State, 671 A.2d 1353, 1356 (Del. 1996)); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
examined
Cited as authority (rule)
State v. Guy
(3×)
also: Cited "see, e.g."
Apr. 1, 2002). 52 Green, 238 A.3d at 174. 53 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356). 54 Starling v. State, 130 A.3d 316, 325 (Del. 2015) (quoting Strickland, 466 U.S. at 694 ). 55 Strickland, 466 U.S. at 694 . 56 Strickland, 466 U.S. at 697 ; Ploof v. State, 75 A.3d 811, 825 (Del. 2013) (“Strickland is a two- pronged test, and there is no need to examine whether an attorney performed deficiently if the deficiency did not prejudice the defendant.”) 9 ineffective assistance of counsel claim fails, then the Court need not address the other.57 1.
discussed
Cited as authority (rule)
State v. Potts
(2×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 49 Green, 238 A.3d at 174. 50 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
cited
Cited as authority (rule)
State v. Appiah
Nov. 3, 2017). 137 Alston v. State, 125 A.3d 676 , 2015 WL 5297709, at *3 (Del.
discussed
Cited as authority (rule)
State v. Taylor
(2×)
also: Cited "see, e.g."
Sept. 4, 2015). 59 Green v. State, 238 A.3d 160 , 174 (Del. 2020) (explaining there is “a strong presumption that counsel’s conduct falls within a wide range of reasonable professional assistance” (quoting Strickland, 466 U.S. at 689 )). 60 Id. (quoting Burger v. Kemp, 483 U.S. 776, 794 (1987)). 61 Alston, 2015 WL 5297709, at *3 (citing Wright v. State, 671 A.2d 1353, 1356 (Del. 1996)); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
discussed
Cited as authority (rule)
State v. Goodman
(2×)
also: Cited "see, e.g."
Mr. Goodman challenges the sentence he received via a claim of ineffective assistance of counsel.21 At bottom, Mr. Goodman suggests that had his counsel been constitutionally effective, Mr. Goodman would not have been subject to a ten-year minimum mandatory sentence and might instead be serving a reduced sentence.22 He says that counsel should have challenged the sufficiency of the State’s pre- 19 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
discussed
Cited as authority (rule)
State v. Lindsey
(2×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 36 Green, 238 A.3d at 174. 37 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
discussed
Cited as authority (rule)
State v. Johnson
(2×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 16 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
examined
Cited as authority (rule)
State v. Peters
(3×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 111 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
discussed
Cited as authority (rule)
State v. Jackson
(2×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 59 Green, 238 A.3d at 174. 60 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *3 (Del.
discussed
Cited as authority (rule)
State v. Caulk
(2×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 62 Green, 238 A.3d at 174. 63 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
discussed
Cited as authority (rule)
State v. Gregg
(2×)
also: Cited "see, e.g."
POSTCONVICTION EVIDENTIARY HEARING (43) “It is well-settled that th[is] Court is not required to conduct an evidentiary hearing upon a Rule 61 motion if, on the face of the motion, it appears 73 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); see also Monroe v. State, 2015 WL 1407856 , at *5 (Del.
cited
Cited as authority (rule)
State v. Johnson
Aug. 19, 2010). ‘4S Alston v. State, 2015 WL 5297709, at *2 (Del.
discussed
Cited as authority (rule)
State v. Minatee
(2×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 15 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
discussed
Cited as authority (rule)
State v. Minatee
(2×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 15 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
discussed
Cited as authority (rule)
State v. Jackson
State v. Wright, 653 A.2d at 293-94 (citations omitted). 2 Ploof v. State, 75 A.3d 811, 820 (Del. 2013). 3 Alston v. State, 2015 WL 5297709, at *2-3 (Del.
discussed
Cited as authority (rule)
State v. Barksdale
(2×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 53 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
discussed
Cited as authority (rule)
State v. Adkins
(2×)
also: Cited "see, e.g."
Ct. Apr. 1, 2002). 7 Alston, 2015 WL 5297709, at *3 (citing Wright, 671 A.2d at 1356 ); Monroe v. State, 2015 WL 1407856 , at *5 (Del.
discussed
Cited as authority (rule)
State v. Dillard
(Dillard failed to demonstrate “that his is a substantial IAC claim . . . [n]or has he adequately pled any specific exceptional circumstances warranting the appointment of counsel”). 19 Strickland v. Washington, 466 U.S. 668, 694 (1984); Alston v. State, 2015 WL 5297709, at *3 (Del.
discussed
Cited as authority (rule)
State v. Dickerson
Defendant was required to show that trial counsel’s failure to investigate was deficient by clear and convincing evidence,25 and the claimed additional effort by counsel would have led to a change in counsel’s recommendation as to the plea.26 A defendant must also make specific allegations of actual prejudice and substantiate them; vague allegations or conclusory statements will not suffice.27 Trial counsel’s Affidavit indicates that either he, his investigator, or both, met with and interviewed two alleged co-conspirators, and attempted to interview another.28 Trial counsel also 24 D.I.…
examined
Cited as authority (rule)
State v. Harrell
(3×)
also: Cited "see, e.g."
E, at 3. '8 See Alston, 2015 WL 5297709, at **2-3 (explaining that defense counsel is not required to pursue all lines of investigation about potentially mitigating evidence).
discussed
Cited as authority (rule)
State v. Barnhart
Petrucci, Deputy Attorney General ‘would have been obtained had [counsel] undertaken the desired investigation’ and how this information would have changed the result”) (citations omitted). 19 See Alston v. State, 2015 WL 5297709, at *3 (Del.
discussed
Cited as authority (rule)
State v. Resop
When reviewing a claim of ineffective assistance of counsel, the Court must analyze counsel’s conduct based upon all of the facts of the case and avoid peering 22 Plea Tr. at pgs 4-10. 23 Plea Tr. at pg. 7. 24 November 9, 2007 Sentencing Proceeding Transcript, at pgs 3-4. 10 through the lens of hindsight.25 Although the right to counsel “includes the right to ”’26 the general duty of defense informed advice after ‘appropriate investigation, counsel to investigate does not require counsel to pursue every avenue to uncover potentially mitigating or exculpatory evidence.27 Defendant mus…
discussed
Cited as authority (rule)
Hunt v. State
Counsel’s 9 Mayes v. State, 604 A.2d 839, 842 (Del. 1992) (intemal quotations omitted). '° Alston v. State, 2015 WL 5297709, at *2 (Del. 2015); Flamer v. State, 585 A.2d 736, 756-57 (Del. 1990). 9 presentation during the sentencing proceeding, Hunt argues, therefore fell below an objective standard of reasonableness and resulted in prejudice. (20) Hunt’s argument fails to meet either prong of the Strickland analysis In reviewing whether the conduct at issue falls below an objective standard of reasonableness “appellate . . . review is subject to a strong presumption that counsel’s con…
cited
Cited as authority (rule)
Gomez v. State
That fact is of no significance now, nor would it have been at the time of sentencing.”). 7 Alston v. State, 2015 WL 5297709, at *2 (Del.
discussed
Cited "see, e.g."
State v. Thomas
LEGAL STANDARDS APPLICABLE TO INEFFECTIVENESS CLAIMS A claim of ineffective assistance of counsel is reviewed under the familiar two-part Strickland test.51 One asserting ineffective assistance of trial counsel must demonstrate that: (i) his defense counsel’s representation fell below an objective standard of reasonableness, and (ii) there is a reasonable probability that, but for counsel’s errors, the result of his trial proceedings would have been different.52 For the first prong, deficient performance, the burden is on the claimant to show that counsel’s conduct fell below an objectiv…
discussed
Cited "see, e.g."
State v. Mayfield
INEFFECTIVE ASSISTANCE CLAIMS AGAINST APPELLATE COUNSEL (26) A claim of ineffective assistance of appellate counsel is reviewed under the familiar two-part Strickland test.45 One claiming ineffective assistance of counsel must demonstrate that: (a) his defense counsel’s representation fell below an objective standard of reasonableness, and (b) there is a reasonable probability that but for counsel’s errors, the result of the proceeding would have been different.46 When claiming ineffective assistance of appellate counsel, one “must show a reasonable probability that, but for his counsel�…
discussed
Cited "see, e.g."
State v. Mayfield
INEFFECTIVE ASSISTANCE CLAIMS AGAINST APPELLATE COUNSEL (26) A claim of ineffective assistance of appellate counsel is reviewed under the familiar two-part Strickland test.45 One claiming ineffective assistance of counsel must demonstrate that: (a) his defense counsel’s representation fell below an objective standard of reasonableness, and (b) there is a reasonable probability that but for counsel’s errors, the result of the proceeding would have been different.46 When claiming ineffective assistance of appellate counsel, one “must show a reasonable probability that, but for his counsel�…
discussed
Cited "see, e.g."
State v. Ryle
R. 62(b) (“A party . . . appealing the findings of fact and recommendations of a Commissioner... who fails to comply with the provisions of this rule may be subject to dismissal of said... appeal.”). 7 D.I. 120 at 1-2. 7 Strickland v. Washington, 466 U.S. 668, 694 (1984); see also Alston v. State, 2015 WL 5297709, at *3 (Del.
cited
Cited "see, e.g."
State v. Walsh
Ct. July 7, 2017). 22 Stricklana’ v. Washington, 466 U.S. 668, 694 (1984); see also Alston v. State, 2015 WL 5297709, at *3 (Del.
cited
Cited "see, e.g."
State v. Mathis
Ct. Jan. 2, 2018) (intemal quotations and citations omitted). 24 Strickland v. Washington, 466 U.S. 668, 694 (1984); see also Alston v. State, 2015 WL 5297709, at *3 (Del.
cited
Cited "see, e.g."
State v. Coverdale
And there is, quite simply, a wide range of legitimate decision making that might be 34 Strickland v. Washington, 466 U.S. 668, 694 (1984); see also Alston v. State, 2015 WL 5297709, at *3 (Del.
discussed
Cited "see, e.g."
State v. Coston
Ct. July 7, 2017). -6- (13) An inmate who claims ineffective assistance of counsel must demonstrate that: (a) his defense counsel’s representation fell below an objective standard of reasonableness, and (b) there is a reasonable probability that but for counsel’s errors, the result of the proceeding would have been different.25 A reasonable probability exists when there “is a probability sufficient to undermine confidence in the outcome.” 26 There is always a strong presumption that counsel’s representation was reasonable. 27 (14) Coston’s second claim asserts ineffective assistanc…
cited
Cited "see, e.g."
State v. LaCombe
See also Alston v. State, 2015 WL 5297709, at *3 (Del. 2015). 18 Strickland, 446 U.S. at 697; See also Ploofv.
cited
Cited "see, e.g."
State v. Evans-Mayes
None of these allegations has any merit. 31 Strickland v. Washington, 466 U.S. 668 (1984); see also Alston v. State, 2015 WL 5297709, at *3 (Del. 2015). 32 Strickland, 446 U.S. at 697; Ploofv.
cited
Cited "see, e.g."
State v. Love
Ct. Mar. 13, 2015). 5 Def.’s Rule 61 Mot., at 3. 6 Strickland v. Washington, 466 U.S. 668, 694 (1984); see also Alston v. State, 2015 WL 5297709, at *3 (Del.
Retrieving the full opinion text from the archive…
Brandon ALSTON, Below-Appellant
v.
STATE of Delaware, Below-Appellee
v.
STATE of Delaware, Below-Appellee
No. 16,2015.
Supreme Court of Delaware.
Sep 4, 2015.
Cited by 46 opinions | Published
Court Below: Superior Court of the State of Delaware in and for Sussex County, No. 120901415
AFFIRMED.