Strickland v. Washington test in Alabama

38 Alabama opinions name it 3 courts 1986–2016 0 in the last five years

The cases below were cited by Alabama 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.

Followed or applied (5)

Case	Followed	Cited
Thomas v. Stategreen alacrimapp · 1987 · cited in 8 Alabama opinions naming this issue, 1989–2016 2 sentences 2016See Thomas v. State, 511 So.2d 248, 255 (Ala.Crim.App.1987) (“In determining whether a defendant has established his burden'of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs.”). 2015See Thomas v. State, 511 So.2d 248, 255 (Ala.Crim.App.1987) (“In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the 'prongs.”). .Because both prongs of the Strickland test must be satisfied- to establish ineffective assistance of counsel, the failure to establish one of the prongs is a valid basis, in and of itself, to deny the claim.	4	8
Hinton v. Stategreen alacrimapp · 2006 · cited in 2 Alabama opinions naming this issue, 2008–2012 2 sentences 2012In áddition, based on the evidence presented at trial, if the testimony or the only physical evidence that connected Hinton to the capital murders was, in fact, presented by a witness who was not competent to render an opinion, then it was useless to him in rebutting the opinions of the State’s experts, thereby resulting in prejudice under the Strickland v. Washington standard.” ’ “Ex parte Hinton, 172 So.3d at 335-36 (quoting Hinton v. State, 172 So.3d 249, 328-31 (Ala.Crim.App.2006) (Shaw, J., dissenting) (footnote omitted)). 2008In addition, based on the evidence presented at trial, if the testimony or the only physical evidence that connected Hinton to the capital murders was, in fact, presented by a witness who was not competent to render an opinion, then it was useless to him in rebutting the opinions of the State’s experts, thereby resulting in prejudice under the Strickland v. Washington standard.’ ” Ex parte Hinton, 172 So.3d at 335-36 (quoting Hinton v. State, 172 So.3d 249, 328-31 (Ala.Crim.App.2006) (Shaw, J., dissenting) (footnote omitted)).	2	2
Hallford v. Stategreen alacrimapp · 1993 · cited in 2 Alabama opinions naming this issue, 1999–2006 2 sentences 2006Falkner v. State , 586 So.2d 39 (Ala.Cr.App. 1991)." Hallford v. State , 629 So.2d 6 , 8-9 (Ala.Crim.App. 1992). Page 451 "In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs. 1999*Falkner v. State, 586 So.2d 39 (Ala.Cr.App.1991).' " Hallford v. State, 629 So.2d 6, 8-9 (Ala. Cr.App.1992), cert. denied, 511 U.S. 1100 , 114 S.Ct. 1870 , 128 L.Ed.2d 491 (1994). "`In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs.	1	2
Boyd v. Stategreen alacrimapp · 1999 · cited in 1 Alabama opinions naming this issue, 2014–2014 2 sentences 2014See Boyd v. State, 746 So.2d 364, 375-76 (Ala.Crim.App.1999) (" ’ “In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs. 2014Id. [466 U.S.] at 697, [ 104 S.Ct. 2052 ], In fact, the Court explained that ‘if it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.’ Id.” ’ ”) (quoting Davis v. State, 720 So.2d 1006, 1013-14 (Ala.Crim.App.1998), quoting in turn Thomas v. State, 511 So.2d 248, 255 (Ala.Crim.App.1987)). .	1	1
Davis v. Stategreen alacrimapp · 1998 · cited in 1 Alabama opinions naming this issue, 2014–2014 1 sentence 2014Id. [466 U.S.] at 697, [ 104 S.Ct. 2052 ], In fact, the Court explained that ‘if it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.’ Id.” ’ ”) (quoting Davis v. State, 720 So.2d 1006, 1013-14 (Ala.Crim.App.1998), quoting in turn Thomas v. State, 511 So.2d 248, 255 (Ala.Crim.App.1987)). .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
Strickland v. Washington green scotus · 1984 2 sentences 1998Thus, "we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs." Id. 1994Strickland v. Washington , 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 'In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs.' Thomas v. State , 511 So.2d 248 , 255 (Ala.Cr.App. 1987)." Kinsey v. State , 545 So.2d 200 , 202 (Ala.Cr.App. 1989) (emphasis in original).	25	1986–2014
Tollett v. Henderson green scotus · 1973 2 sentences 2013In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, [ 411 U.S. 258 (1978),] and McMann v. Richardson, [ 397 U.S. 759 (1970) ]. 2007In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, [ 411 U.S. 258 (1973),] and McMann v. Richardson, [ 397 U.S. 759 (1970) ].	6	1986–2013
McMann v. Richardson green scotus · 1970 2 sentences 2013In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, [ 411 U.S. 258 (1978),] and McMann v. Richardson, [ 397 U.S. 759 (1970) ]. 2007In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, [ 411 U.S. 258 (1973),] and McMann v. Richardson, [ 397 U.S. 759 (1970) ].	6	1986–2013
Kinsey v. State green alacrimapp · 1989 2 sentences 1994Strickland v. Washington , 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 'In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs.' Thomas v. State , 511 So.2d 248 , 255 (Ala.Cr.App. 1987)." Kinsey v. State , 545 So.2d 200 , 202 (Ala.Cr.App. 1989) (emphasis in original). 1994Strickland v. Washington , 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 'In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs.' Thomas v. State , 511 So.2d 248 , 255 (Ala.Cr.App. 1987)." Kinsey v. State , 545 So.2d 200 , 202 (Ala.Cr.App. 1989) (emphasis in original), quoted in Wesson v. State , 644 So.2d 1302 , 1313 (Ala.Cr.App. 1994), and Sistrunk v. State , 630 So.2d 147 , 15	3	1993–1994
Hill v. Lockhart green scotus · 1985 2 sentences 1991In Hill v. Lockhart, 474 U.S. 52 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985), the Supreme Court held that the two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel: “We hold, therefore, that the two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel. 1991In Hill v. Lockhart, 474 U.S. 52 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985), the Supreme Court held that the two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel: “We hold, therefore, that the two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.	2	1991–2011
Falkner v. State green alacrimapp · 1991 2 sentences 2006Falkner v. State , 586 So.2d 39 (Ala.Cr.App. 1991)." Hallford v. State , 629 So.2d 6 , 8-9 (Ala.Crim.App. 1992). Page 451 "In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs. 1999*Falkner v. State, 586 So.2d 39 (Ala.Cr.App.1991).' " Hallford v. State, 629 So.2d 6, 8-9 (Ala. Cr.App.1992), cert. denied, 511 U.S. 1100 , 114 S.Ct. 1870 , 128 L.Ed.2d 491 (1994). "`In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs.	2	1999–2006
Woods v. State green alacrimapp · 2004 1 sentence 2008In Woods v. State, 957 So.2d 492 (Ala.Crim.App.2004), the court said: “ ‘In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs.	1	2008–2008
Mann v. Oklahoma green scotus · 1994 2 sentences 1999Falkner v. State, 586 So.2d 39 (Ala.Cr.App.1991).' " Hallford v. State, 629 So.2d 6, 8-9 (Ala. Cr.App.1992), cert. denied, 511 U.S. 1100 , 114 S.Ct. 1870 , 128 L.Ed.2d 491 (1994). "`In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs. 1999Falkner v. State, 586 So.2d 39 (Ala.Cr.App.1991).' " Hallford v. State, 629 So.2d 6, 8-9 (Ala. Cr.App.1992), cert. denied, 511 U.S. 1100 , 114 S.Ct. 1870 , 128 L.Ed.2d 491 (1994). "`In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs.	1	1999–1999
Sistrunk v. State green alacrimapp · 1993 1 sentence 1994Strickland v. Washington , 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 'In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs.' Thomas v. State , 511 So.2d 248 , 255 (Ala.Cr.App. 1987)." Kinsey v. State , 545 So.2d 200 , 202 (Ala.Cr.App. 1989) (emphasis in original), quoted in Wesson v. State , 644 So.2d 1302 , 1313 (Ala.Cr.App. 1994), and Sistrunk v. State , 630 So.2d 147 , 15	1	1994–1994
Wesson v. State green alacrimapp · 1994 1 sentence 1994Strickland v. Washington , 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 'In determining whether a defendant has established his burden of showing that his counsel was ineffective, we are not required to address both considerations of the Strickland v. Washington test if the defendant makes an insufficient showing on one of the prongs.' Thomas v. State , 511 So.2d 248 , 255 (Ala.Cr.App. 1987)." Kinsey v. State , 545 So.2d 200 , 202 (Ala.Cr.App. 1989) (emphasis in original), quoted in Wesson v. State , 644 So.2d 1302 , 1313 (Ala.Cr.App. 1994), and Sistrunk v. State , 630 So.2d 147 , 15	1	1994–1994
Smith v. Murray green scotus · 1986 2 sentences 1989Murray v. Carrier , [477] U.S. [478], 106 S.Ct. 2639 , 2647 [ 91 L.Ed.2d 397 ] (1986); Smith v. Murray , [477] U.S. [527], 106 S.Ct. 2661 , 2665 [ 91 L.Ed.2d 434 ] (1986). 1989Murray v. Carrier , [477] U.S. [478], 106 S.Ct. 2639 , 2647 [ 91 L.Ed.2d 397 ] (1986); Smith v. Murray , [477] U.S. [527], 106 S.Ct. 2661 , 2665 [ 91 L.Ed.2d 434 ] (1986).	1	1989–1989
Murray v. Carrier green scotus · 1986 2 sentences 1989Murray v. Carrier , [477] U.S. [478], 106 S.Ct. 2639 , 2647 [ 91 L.Ed.2d 397 ] (1986); Smith v. Murray , [477] U.S. [527], 106 S.Ct. 2661 , 2665 [ 91 L.Ed.2d 434 ] (1986). 1989Murray v. Carrier , [477] U.S. [478], 106 S.Ct. 2639 , 2647 [ 91 L.Ed.2d 397 ] (1986); Smith v. Murray , [477] U.S. [527], 106 S.Ct. 2661 , 2665 [ 91 L.Ed.2d 434 ] (1986).	1	1989–1989
Smith v. State green alacrimapp · 1986 1 sentence 1986Here, as in Smith v. State, 488 So.2d 19 (Ala.Cr.App.1986), the petitioner has “failed to satisfy the ‘prejudice’ requirement of Strickland v. Washington, 466 U.S. 668 [ 104 S.Ct. 2052 , 80 L.Ed.2d 674 ] (1984), for he did not allege in his petition that, had counsel been effective, he would have pleaded not guilty and insisted on going to trial.” “We hold, therefore, that the two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.	1	1986–1986

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (15) AL § Ala. Code § 13A-5-49 (6) AL § Ala. Code § 13A-5-45 (5) AL § Ala. Code § 13A-5-47 (5) AL § Ala. Code § 13A-5-51 (4) AL § Ala. Code § 13A-5-52 (3) AL § Ala. Code § 13A-5-54 (3)

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.

Where else courts name it

TX 95 (1988–2026) AL 38 (1986–2016) GA 28 (1998–2023) MO 14 (1987–2023) KY 13 (2009–2025) IL 13 (1993–2025) NJ 11 (1994–2024) MS 9 (1987–2026) OH 9 (1998–2026) LA 8 (1986–2021) FL 7 (1988–2008) UT 7 (2001–2022) TN 7 (2001–2025) OK 7 (1988–2006) CA 5 (1992–2017) NE 5 (2017–2023) KS 3 (2002–2010) MD 3 (2001–2011) PA 2 (1987–2015) DE 2 (2024–2026) SC 2 (2009–2026) IA 2 (2014–2021) CT 2 (1997–1997) NC 2 (2006–2013) IN 2 (1994–2019) VA 2 (2017–2017) SD 2 (1987–1994)

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.

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