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39 West Virginia opinions name it 1 courts 1995–2026 17 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Strickland v. Washingtongreen2 sentences2026“In deciding ineffective of assistance claims, a court need not address both prongs of the conjunctive standard of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and State v. Miller, 194 W.Va. 3 , 459 S.E.2d 114 (1995), but may dispose of such a claim based solely on a petitioner’s failure to meet either prong of the test.” Syllabus Point 5, State ex rel. 2026“In deciding ineffective of assistance claims, a court need not address both prongs of the conjunctive standard of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and State v. Miller, 194 W.Va. 3 , 459 S.E.2d 114 (1995), but may dispose of such a claim based solely on a petitioner’s failure to meet either prong of the test.” Syllabus Point 5, State ex rel. | 3 | 31 |
State Ex Rel. Daniel v. Legurskygreen2 sentences2023Va. 314 , 465 S.E.2d 416 (1995) (“In deciding ineffective assistance claims, a court need not address both prongs of the conjunctive standard [set forth above], but may dispose of such a claim based solely on a petitioner’s failure to meet either prong of the test.”). 2021Va. 314 , 465 S.E.2d 416 (1995) (“In deciding ineffective of assistance claims, a court need not address both prongs of the conjunctive standard of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and State v. Miller, 194 W.Va. 3 , 459 S.E.2d 114 (1995), but may dispose of such a claim based solely on a petitioner’s failure to meet either prong of the test.”). | 2 | 16 |
State v. Millergreen2 sentences2026“In deciding ineffective of assistance claims, a court need not address both prongs of the conjunctive standard of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and State v. Miller, 194 W.Va. 3 , 459 S.E.2d 114 (1995), but may dispose of such a claim based solely on a petitioner’s failure to meet either prong of the test.” Syllabus Point 5, State ex rel. 2026“In deciding ineffective of assistance claims, a court need not address both prongs of the conjunctive standard of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and State v. Miller, 194 W.Va. 3 , 459 S.E.2d 114 (1995), but may dispose of such a claim based solely on a petitioner’s failure to meet either prong of the test.” Syllabus Point 5, State ex rel. | 1 | 32 |
Mainella v. Board of Trustees of Policemen's Pension or Relief Fundgreen1 sentence2025Our conclusion that one of the conditions is not satisfied obviates the need to address the remaining conditions as any discussion of the remaining conditions would be only advisory and “[c]ourts are not constituted for the purpose of making advisory decrees or resolving academic disputes.” Mainella v. Bd. of Trustees of Policemen’s Pension or Relief Fund, 126 W. | 1 | 1 |
Wilt v. Burackergreen2 sentences1999This case was absolutely and exclusively about safety devices for a mining industry rock crushing machine. [4] This Court adopted the Daubert test for admission of expert scientific testimony in Wilt v. Buracker, 191 W.Va. 39, 46 , 443 S.E.2d 196, 203 (1993) ("We conclude that Daubert's analysis of Federal Rule 702 should be followed in analyzing the admissibility of expert testimony under Rule 702 of the West Virginia Rules of Evidence. 1999This case was absolutely and exclusively about safety devices for a mining industry rock crushing machine. [4] This Court adopted the Daubert test for admission of expert scientific testimony in Wilt v. Buracker, 191 W.Va. 39, 46 , 443 S.E.2d 196, 203 (1993) ("We conclude that Daubert's analysis of Federal Rule 702 should be followed in analyzing the admissibility of expert testimony under Rule 702 of the West Virginia Rules of Evidence. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Michel v. Louisiana
green
2 sentences2022Va. at 15 , 459 S.E.2d at 126 (quoting Strickland v. Washington, 466 U.S. 668, 689 (1984)). 7 Strickland, 466 U.S. at 689 . 8 Id. (citing Michel v. Louisiana, 350 U.S. 91 (1955)). 9 Syl. 2021Va. at 15 , 459 S.E.2d at 126 (quoting Strickland v. Washington, 466 U.S. 668, 689 (1984)). 7 Strickland, 466 U.S. at 689 . 8 Id. (citing Michel v. Louisiana, 350 U.S. 91 (1955)). 9 Syl. | 2 | 2021–2022 |
State v. Thomas
green
2 sentences2022Va. 640 , 203 S.E.2d 445 (1974).” 9 And, as to the second prong, “[t]o demonstrate prejudice, a defendant must prove there is a ‘reasonable probability’ that, absent the errors, the jury would have reached a different result.” 10 We may resolve some ineffective assistance claims on only one prong of the test because “[i]n deciding ineffective of assistance claims [sic], a court need not address both prongs of the conjunctive standard . . 6 Miller, 194 W. 2021Va. 640 , 203 S.E.2d 445 (1974).” 9 And, as to the second prong, “[t]o demonstrate prejudice, a defendant must prove there is a ‘reasonable probability’ that, absent the errors, the jury would have reached a different result.” 10 We may resolve some ineffective assistance claims on only one prong of the test because “[i]n deciding ineffective of assistance claims [sic], a court need not address both prongs of the conjunctive standard . . 6 Miller, 194 W. | 2 | 2021–2022 |
Georgia Northern Railway Co. v. Rollins
green
1 sentence2020Va. 3 , 459 8 S.E.2d 114 (1995), but may dispose of such a claim based solely on a petitioner’s failure to meet either prong of the test. | 1 | 2020–2020 |
State v. VanHoose
green
2 sentences2016As recently as October of2010 inState v. VanHoose, 227 W.Va. 37 , 705 S.E.2d. 544 (2010), the West Virginia Supreme Court explained that "[i]n deciding ineffective ... assistance claims. a court need not address both prongs of the conjunctive standard of Strickland v. Washington, 466 U.S. 668 . 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and State v. Miller, 194 W. 2016As recently as October of2010 inState v. VanHoose, 227 W.Va. 37 , 705 S.E.2d. 544 (2010), the West Virginia Supreme Court explained that "[i]n deciding ineffective ... assistance claims. a court need not address both prongs of the conjunctive standard of Strickland v. Washington, 466 U.S. 668 . 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and State v. Miller, 194 W. | 1 | 2016–2016 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.