first prong test (Missouri) · Go Syfert
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first prong test in Missouri

38 Missouri opinions name it 2 courts 1984–2016 0 in the last five years

The cases below were cited by Missouri 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 (21)

CaseFollowedCited
Smith v. Stategreen
mo · 2012 · cited in 3 Missouri opinions naming this issue, 2014–2016
2 sentences

2014To satisfy the first prong of the test, a movant “must overcome a strong presumption that counsel’s conduct was reasonable and effective” by pointing to “specific acts or omissions of counsel that, in light of all the circumstances, fell outside the wide range of professional competent assistance.” Smith, 370 S.W.3d at 886 (quotation omitted).

2014To satisfy the first prong of the test, a movant “must overcome a strong presumption that counsel’s conduct was reasonable and effective” by pointing to “specific acts or omissions of counsel that, in light of all the circumstances, fell outside the wide range of professional competent assistance.” Smith, 370 S.W.3d at 886 (quotation omitted).

33
Cole v. Stategreen
mo · 2004 · cited in 3 Missouri opinions naming this issue, 2013–2015
2 sentences

2015“Reasonable choices of trial strategy, no matter how ill fated they appear in hindsight, cannot serve as a basis for a claim of ineffective assistance.” Id. (citing Cole v. State, 152 S.W.3d 267, 270 (Mo. banc 2004); Knese v. State, 85 S.W.3d 628, 633 (Mo. banc 2002)).

2013“Reasonable choices of trial strategy, no matter how ill fated they appear in hindsight, cannot serve as a basis for a claim of ineffective assistance.” Id. (citing Cole v. State, 152 S.W.3d 267, 270 (Mo. banc 2004); Knese v. State, 85 S.W.3d 628, 633 (Mo. banc 2002)).

33
Deck v. Stategreen
mo · 2002 · cited in 3 Missouri opinions naming this issue, 2013–2015
2 sentences

2015To satisfy the first prong of this test, a mov-ant must “overcome a strong presumption that counsel provided competent representation by showing ‘that counsel’s representation fell below an objective standard of reasonableness.’” Id. (quoting Deck v. State, 68 S.W.3d 418, 425 (Mo. banc 2002)).

2013To satisfy the first prong of this test, a mov-ant must “overcome a strong presumption that counsel provided competent representation by showing ‘that counsel’s representation fell below an objective standard of reasonableness.’ ” Id. (quoting Deck v. State, 68 S.W.3d 418, 425 (Mo. banc 2002)).

33
Knese v. Stategreen
mo · 2002 · cited in 3 Missouri opinions naming this issue, 2013–2015
2 sentences

2015“Reasonable choices of trial strategy, no matter how ill fated they appear in hindsight, cannot serve as a basis for a claim of ineffective assistance.” Id. (citing Cole v. State, 152 S.W.3d 267, 270 (Mo. banc 2004); Knese v. State, 85 S.W.3d 628, 633 (Mo. banc 2002)).

2013“Reasonable choices of trial strategy, no matter how ill fated they appear in hindsight, cannot serve as a basis for a claim of ineffective assistance.” Id. (citing Cole v. State, 152 S.W.3d 267, 270 (Mo. banc 2004); Knese v. State, 85 S.W.3d 628, 633 (Mo. banc 2002)).

33
Jamerson v. Stategreen
moctapp · 2013 · cited in 2 Missouri opinions naming this issue, 2014–2014
2 sentences

2014“To satisfy the first prong of this test, a movant must ‘overcome a strong presumption that counsel provided competent representation by showing that ‘counsel’s representation fell below an objective standard of reasonableness.’’” Jamerson v. State, 410 S.W.3d 299, 301 (Mo. App. E.D. 2013) (quoting Worthington v. State, 166 S.W.3d 566, 573 (Mo. banc 2005)).

2014“To satisfy the first prong of this test, a movant must ‘overcome a strong presumption that counsel provided competent representation by showing that ‘counsel’s representation fell below an objective standard of reasonableness.’ ” Jamerson v. State, 410 S.W.3d 299, 301 (Mo.App.

22
Worthington v. Stategreen
mo · 2005 · cited in 2 Missouri opinions naming this issue, 2014–2014
2 sentences

2014“To satisfy the first prong of this test, a movant must ‘overcome a strong presumption that counsel provided competent representation by showing that ‘counsel’s representation fell below an objective standard of reasonableness.’’” Jamerson v. State, 410 S.W.3d 299, 301 (Mo. App. E.D. 2013) (quoting Worthington v. State, 166 S.W.3d 566, 573 (Mo. banc 2005)).

2014E.D. 2013) (quoting Worthington v. State, 166 S.W.3d 566, 573 (Mo. banc 2005)).

22
Jameson v. Stategreen
moctapp · 2004 · cited in 2 Missouri opinions naming this issue, 2005–2005
2 sentences

2005Jameson v. State, 125 S.W.3d 885, 890 (Mo.App.

2005Jameson v. State, 125 S.W.3d 885, 890 (Mo.App.

22
Leisure v. Stategreen
mo · 1992 · cited in 2 Missouri opinions naming this issue, 2002–2003
2 sentences

2003Rule 29.15(i); Leisure v. State, 828 S.W.2d 872, 874 (Mo. banc 1992), cert. denied, 506 U.S. 923 , 113 S.Ct. 343 , 121 L.Ed.2d 259 (1992).

2002Rule 29.15(i); Leisure v. *426 State, 828 S.W.2d 872, 874 (Mo. banc 1992).

22
Cherco v. Stategreen
moctapp · 2010 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016See Cherco, 309 S.W.3d at 825 ; see also Twenter, 818 S.W.2d at 636-37 .

11
State v. Twentergreen
mo · 1991 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016See Cherco, 309 S.W.3d at 825 ; see also Twenter, 818 S.W.2d at 636-37 .

11
Eltiste v. Ford Motor Co.green
moctapp · 2005 · cited in 1 Missouri opinions naming this issue, 2012–2012
1 sentence

2012This specific statement of Johnson’s expected testimony is sufficient to satisfy the first prong of the exception set forth in Frank, 687 S.W.2d at 888-84 ; See also Eltiste, 167 S.W.3d at 749 .

11
Blue v. Harrah's North Kansas City, LLCgreen
moctapp · 2005 · cited in 1 Missouri opinions naming this issue, 2008–2008
1 sentence

2008The first prong of this claim is that “defense counsel continually violated an Order in limine and continued to make improper references to criminal convictions and drug use of witnesses, while questioning witnesses[.]” 4 Hanson contends that “numerous attempts to interject this highly prejudicial information ultimately resulted in the jury having the belief that at least one witness if not multiple witnesses were drug users and guilty of prior bad acts.” “The trial court has broad discretion in deciding whether to grant a new trial.” Blue v. Harrah’s North Kansas City, L.L.C., 170 S.W.3d 466,

11
State v. Storeygreen
mo · 2001 · cited in 1 Missouri opinions naming this issue, 2007–2007
1 sentence

2007See Storey, 40 S.W.3d at 910-12 .

11
Shackleford v. Stategreen
moctapp · 2001 · cited in 1 Missouri opinions naming this issue, 2007–2007
1 sentence

2007Under the first prong of the test, Mr. Coke’s amended Rule 24.035 motion alleged that prior to his plea, his trial counsel told him that he would serve, “at most, seventeen months prior to being paroled.” “As a general proposition, parole eligibility is a collateral circumstance of which a criminal defendant need not be advised to make that defendant’s plea knowing and voluntary.” Shackleford v. State, 51 S.W.3d 125, 128 (Mo.App.

11
Gardner v. Stategreen
moctapp · 2003 · cited in 1 Missouri opinions naming this issue, 2003–2003
1 sentence

2003Gardner v. State, 96 S.W.3d 120, 122 (Mo.App.

11
In re the Marriage of Phillipsgreen
moctapp · 1987 · cited in 1 Missouri opinions naming this issue, 2002–2002
1 sentence

2002See In re Marriage of Phillips, 723 S.W.2d 579, 582 (Mo.App.

11
State v. Vinsongreen
mo · 1990 · cited in 1 Missouri opinions naming this issue, 1997–1997
1 sentence

1997State v. Vinson, *364 800 S.W.2d 444, 446 (Mo.banc 1990); Nguyen, 880 S.W.2d at 634 (Mo.App.1994); State v. Bullington, 684 S.W.2d 52,55 (Mo.App.1984).

11
State v. Van Nguyengreen
moctapp · 1994 · cited in 1 Missouri opinions naming this issue, 1997–1997
1 sentence

1997State v. Vinson, *364 800 S.W.2d 444, 446 (Mo.banc 1990); Nguyen, 880 S.W.2d at 634 (Mo.App.1994); State v. Bullington, 684 S.W.2d 52,55 (Mo.App.1984).

11
State v. Bullingtongreen
moctapp · 1984 · cited in 1 Missouri opinions naming this issue, 1997–1997
1 sentence

1997State v. Vinson, *364 800 S.W.2d 444, 446 (Mo.banc 1990); Nguyen, 880 S.W.2d at 634 (Mo.App.1994); State v. Bullington, 684 S.W.2d 52,55 (Mo.App.1984).

11
Brooks v. Pool-Lefflergreen
moctapp · 1982 · cited in 1 Missouri opinions naming this issue, 1995–1995
11
State v. Barnesgreen
moctapp · 1987 · cited in 1 Missouri opinions naming this issue, 1991–1991
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Zink v. State green
mo · 2009
2 sentences

2015Id. at 176 .

2014Id. at 176 .

52009–2015
Strickland v. Washington green
scotus · 1984
2 sentences

2015To satisfy the first prong of this test, a mov-ant must “overcome a strong presumption that counsel provided competent representation by showing ‘that counsel’s representation fell below an objective standard of reasonableness.’” Id. (quoting Deck v. State, 68 S.W.3d 418, 425 (Mo. banc 2002)).

2013To satisfy the first prong of this test, a mov-ant must “overcome a strong presumption that counsel provided competent representation by showing ‘that counsel’s representation fell below an objective standard of reasonableness.’ ” Id. (quoting Deck v. State, 68 S.W.3d 418, 425 (Mo. banc 2002)).

42004–2015
State v. Glover green
moctapp · 1997
2 sentences

2007Mr. McEl-vain must establish the first prong of the test, however, “before a review of the reliability of the identification is necessary or appropriate.” Id.

2007If Mr. McElvain fails “to establish that police procedures were unduly suggestive, the factors considered in the reliability prong of the test go to the weight of the identifications and not to their admissibility.” Id. at 364 .

22007–2007
Sanders v. State green
mo · 1987
2 sentences

1995Sanders, 738 S.W.2d at 857 .

1995Sanders, 738 S.W.2d at 857 .

21995–1995
Frank v. Environmental Sanitation Management, Inc. green
mo · 1985
1 sentence

2012This specific statement of Johnson’s expected testimony is sufficient to satisfy the first prong of the exception set forth in Frank, 687 S.W.2d at 888-84 ; See also Eltiste, 167 S.W.3d at 749 .

12012–2012
State v. Robinson green
moctapp · 1993
1 sentence

2012E.D.1993)). “[Bush] must establish the first prong of the test, that the pre-trial procedures were impermissibly suggestive, before a review of the reliability of the identification is even necessary or appropriate.” Id.

12012–2012
State v. Chambers green
moctapp · 2007
1 sentence

2011Chambers, 234 S.W.3d at 513 .

12011–2011
Middleton v. State green
mo · 2003
1 sentence

2004Mr. Peterson “bears a heavy burden in establishing the first prong of the standard by a preponderance of the evidence, for he must overcome a strong presumption that counsel provided competent assistance.” Middleton, 103 S.W.3d at 732 .

12004–2004
Estate of Gross v. Gross green
moctapp · 1992
1 sentence

2003Estate of Gross, 840 S.W.2d at 257 .

12003–2003
Leisure v. Missouri green
scotus · 1992
1 sentence

2003Rule 29.15(i); Leisure v. State, 828 S.W.2d 872, 874 (Mo. banc 1992), cert. denied, 506 U.S. 923 , 113 S.Ct. 343 , 121 L.Ed.2d 259 (1992).

12003–2003
Mitchell v. Bass green
scotus · 1992
1 sentence

2003Rule 29.15(i); Leisure v. State, 828 S.W.2d 872, 874 (Mo. banc 1992), cert. denied, 506 U.S. 923 , 113 S.Ct. 343 , 121 L.Ed.2d 259 (1992).

12003–2003
State v. Hornbuckle green
mo · 1989
11996–1996
Godsy v. Godsy green
moctapp · 1973
11992–1992
State v. Marks green
moctapp · 1986
11991–1991
United States v. Wade green
scotus · 1967
11984–1984

Where else courts name it

TX 450 (1982–2026) OH 227 (1980–2026) CA 162 (1982–2026) IL 137 (1983–2026) NY 127 (1969–2026) GA 105 (1975–2026) WA 100 (1982–2026) NJ 95 (1985–2026) CT 93 (1981–2025) PA 91 (1975–2026) FL 71 (1981–2025) IA 65 (1983–2024) MI 57 (1977–2026) TN 49 (1991–2025) NM 48 (1988–2026) AL 46 (1985–2024) MA 41 (1982–2023) IN 41 (1988–2024) MO 38 (1984–2016) RI 36 (1987–2017) NC 35 (1984–2024) NH 35 (1988–2025) UT 35 (1983–2025) MS 31 (1992–2024) WI 31 (1978–2025) KS 30 (1978–2024) MT 29 (1985–2023) KY 28 (1993–2026) VA 26 (1986–2026) VT 26 (1988–2025) CO 25 (1973–2026) HI 23 (1981–2024) LA 21 (1991–2025) MD 18 (1988–2024) SD 18 (1976–2025) MN 16 (1977–2024) OR 16 (1996–2021) AZ 14 (1983–2020) ME 14 (1984–2023) DC 13 (1978–2025) ND 12 (1980–2024) NE 12 (1985–2018) SC 12 (1992–2015) AK 11 (1975–2023) OK 9 (1986–2021) WV 9 (1991–2018) ID 7 (1989–2020) WY 7 (1991–2025) NV 6 (1996–2021) AR 5 (2003–2024) DE 5 (2018–2025) VI 4 (2007–2023)

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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