37 Nevada opinions name it 1 courts 1989–2022 3 in the last five years
The cases below were cited by Nevada 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 |
|---|---|---|
Hathaway v. Stategreen2 sentences2021See Hathaway, 119 Nev. at 252 , 71 P.3d at 506 ([I]n order to constitute adequate cause, the ineffective assistance of counsel claim itself must not be procedurally defaulted."). 2021See Hathaway, 119 Nev. at 252 , 71 P.3d at 506 ([I]n order to constitute adequate cause, the ineffective assistance of counsel claim itself must not be procedurally defaulted."). | 13 | 14 |
Edwards v. Carpentergreen2 sentences2016SUPREME COURT OF NEVADA 2 (0) 194Th 0 val:424: changes in the law provided him with good cause to raise the claims in the instant petition. 2 Ineffective assistance of prior counsel Crump contends that the district court erred in denying his petition as procedurally barred bebause the ineffective assistance of appellate and postconviction counsel provided him with good cause to excuse the procedural bars. 3 We disagree. "[Flo constitute adequate cause, the ineffective assistance of counsel claim itself must not be procedurally defaulted." Hathaway v. State, 119 Nev. 248, 252-53 , 71 P.3d 503, 2016"Mo constitute adequate• cause, the ineffective assistance of counsel claim itself must not be procedurally defaulted." Hathaway v. State, 119 Nev. 248, 252-53 , 71 P.3d 503, 506 (2003); see also Edward v. Carpenter, 529 U.S. 446, 452-53 (2000) (concluding that claim of ineffective assistance of counsel cannot serve as cause for another procedurally defaulted claim where ineffective-assistance claim is also subject to procedural default). | 8 | 8 |
Strickland v. Washingtongreen2 sentences2020Marquez v. State, Docket No. 58568 (Order of Affirmance, Mar. 28, 2013); see also Strickland, 466 U.S. at 697 (providing that an ineffective- assistance-of-counsel claim fails if the defendant makes an insufficient showing under either the performance prong or the prejudice prong). 2015Carpino v. State, Docket No. 54500 (Order of Affirmance, June 9, 2010); see Strickland v. Washington, 466 U.S. 668, 687-88 (1984) (holding that an ineffective assistance of counsel claim requires, in part, that counsel's conduct was deficient); Nika, 124 Nev. at 1289 , 198 P.3d at 851 . | 4 | 6 |
McKague v. Whitleygreen2 sentences2019See McKague v. Warden, 112 Nev. 159, 164-65 , 912 P.2d 255, 258 (1996). 2019See McKague v. Warden, 112 Nev. 159, 164-65 , 912 P.2d 255, 258 (1996). | 3 | 3 |
Weaver v. Massachusettsgreen2 sentences2018Following the United States Supreme Court's guidance in Weaver v. Massachusetts, 582 U.S. ----, 137 S.Ct. 1899 , 198 L.Ed.2d 420 (2017), which discussed the violation of the right to a public trial during jury selection in the context of an ineffective-assistance-of-counsel claim, we hold that Jeremias fails to satisfy plain error review. 2018Following the United States Supreme Court's guidance in Weaver v. Massachusetts, 582 U.S. ----, 137 S.Ct. 1899 , 198 L.Ed.2d 420 (2017), which discussed the violation of the right to a public trial during jury selection in the context of an ineffective-assistance-of-counsel claim, we hold that Jeremias fails to satisfy plain error review. | 2 | 3 |
Pellegrini v. Stategreen2 sentences2013See Stewart v. LaGrand, 526 U.S. 115, 120 (1999) (concluding that ineffective-assistance-of-counsel claim failed as good cause because the ineffective-assistance claim was itself procedurally defaulted); Hathaway, 119 Nev. at 252 , 71 P.3d at 506 ("[T]o constitute adequate cause, the ineffective assistance of counsel claim itself must not be procedurally defaulted."); Riker, 121 Nev. at 235 , 112 P.3d at 1077 ; Pellegrini, 117 Nev. at 869-70 , 34 P.3d at 526 . 2013See Stewart v. LaGrand, 526 U.S. 115, 120 (1999) (concluding that ineffective-assistance-of-counsel claim failed as good cause because the ineffective-assistance claim was itself procedurally defaulted); Hathaway, 119 Nev. at 252 , 71 P.3d at 506 ("[T]o constitute adequate cause, the ineffective assistance of counsel claim itself must not be procedurally defaulted."); Riker, 121 Nev. at 235 , 112 P.3d at 1077 ; Pellegrini, 117 Nev. at 869-70 , 34 P.3d at 526 . | 2 | 3 |
Luckett v. Warden, Nevada State Prisongreen2 sentences2019NRAP 34(0(3), (g); see also NRAP 31(d)(1); Luckett v. Warden, 91 Nev. 681, 682 , 541 P.2d 910, 911 (1975). 2 This court has recognized that an ineffective-assistance-of-counsel claim will lie only where the defendant had a constitutional or statutory right to the appointment of counsel. 2019NRAP 34(0(3), (g); see also NRAP 31(d)(1); Luckett v. Warden, 91 Nev. 681, 682 , 541 P.2d 910, 911 (1975). 2 This court has recognized that an ineffective-assistance-of-counsel claim will lie only where the defendant had a constitutional or statutory right to the appointment of counsel. | 2 | 2 |
Molina v. Stategreen2 sentences2014See, e.g., Molina v. State, 120 Nev. 185, 192 , 87 P.3d 533, 538 (2004) (upholding the denial of an ineffective-assistance-of-counsel claim because appellant did not demonstrate what a more thorough investigation would have revealed). 2014See, e.g., Molina v. State, 120 Nev. 185, 192 , 87 P.3d 533, 538 (2004) (upholding the denial of an ineffective-assistance-of-counsel claim because appellant did not demonstrate what a more thorough investigation would have revealed). | 2 | 2 |
Kirksey v. Stategreen2 sentences2000When an ineffective assistance of counsel claim is based upon counsel’s failure to file a motion to suppress a confession or a motion to suppress evidence allegedly obtained in violation of the Fourth Amendment, “the prejudice prong must be established by a showing that the claim was meritorious and that there was a reasonable likelihood that the exclusion of the evidence would have changed the result of a trial.” Kirksey, 112 Nev. at 990 , 923 P.2d at 1109 . 2000When an ineffective assistance of counsel claim is based upon counsel’s failure to file a motion to suppress a confession or a motion to suppress evidence allegedly obtained in violation of the Fourth Amendment, “the prejudice prong must be established by a showing that the claim was meritorious and that there was a reasonable likelihood that the exclusion of the evidence would have changed the result of a trial.” Kirksey, 112 Nev. at 990 , 923 P.2d at 1109 . | 1 | 2 |
Feazell v. Stategreen2 sentences2022See Feazell v. State, 111 Nev. 1446, 1449 , 906 P.2d 727, 729 (1995). 2022See Feazell v. State, 111 Nev. 1446, 1449 , 906 P.2d 727, 729 (1995). | 1 | 1 |
Johnson v. Stategreen2 sentences2022Cf. Johnson v. State, 117 Nev. 153, 161 , 17 P.3d 1008, 1013 (2001) (noting that an evidentiary hearing may "be of little value" when the issue presented is purely legal). 2022Cf. Johnson v. State, 117 Nev. 153, 161 , 17 P.3d 1008, 1013 (2001) (noting that an evidentiary hearing may "be of little value" when the issue presented is purely legal). | 1 | 1 |
Warden, Nevada State Prison v. Lyonsgreen2 sentences2017Strickland v. Washington, 466 U.S. 668, 687-88 (1984); Warden v. Lyons, 100 Nev. 430, 432-33 , 683 P.2d 504, 505 (1984) (adopting the test in Strickland); see also Kirksey v. State, 112 Nev. 980, 998 , 923 P.2d 1102, 1114 (1996) (applying Strickland to claims of ineffective assistance of appellate counsel). 'Relying on Hath way, this court determined in a prior appeal that Azcarate's allegations regarding his belief that he had a direct appeal pending until May 2011 would, if true, establish cause for his delay in filing the petition. 2017Strickland v. Washington, 466 U.S. 668, 687-88 (1984); Warden v. Lyons, 100 Nev. 430, 432-33 , 683 P.2d 504, 505 (1984) (adopting the test in Strickland); see also Kirksey v. State, 112 Nev. 980, 998 , 923 P.2d 1102, 1114 (1996) (applying Strickland to claims of ineffective assistance of appellate counsel). 'Relying on Hath way, this court determined in a prior appeal that Azcarate's allegations regarding his belief that he had a direct appeal pending until May 2011 would, if true, establish cause for his delay in filing the petition. | 1 | 1 |
In Re Parental Rights as to NDOgreen1 sentence2016In re Parental Rights as to N.D.O., 121 Nev. 379, 384 , 115 P.3d 223, 226 (2005). | 1 | 1 |
Lockhart v. Fretwellgreen1 sentence2016See Riley v. State, 110 Nev. 638, 648 , 878 P.2d 272, 279 (1994) ("Prejudice in an ineffective assistance of counsel claim is shown when the reliability of the jury's verdict is in doubt"); Lockhart v. Fretwell, 506 U.S. 364, 372 (1993) (recognizing that a reviewing court must consider "whether counsel's deficient performance renders the result of the trial unreliable or the proceeding fundamentally unfair"). | 1 | 1 |
Riley v. Stategreen2 sentences2016See Riley v. State, 110 Nev. 638, 648 , 878 P.2d 272, 279 (1994) ("Prejudice in an ineffective assistance of counsel claim is shown when the reliability of the jury's verdict is in doubt"); Lockhart v. Fretwell, 506 U.S. 364, 372 (1993) (recognizing that a reviewing court must consider "whether counsel's deficient performance renders the result of the trial unreliable or the proceeding fundamentally unfair"). 2016See Riley v. State, 110 Nev. 638, 648 , 878 P.2d 272, 279 (1994) ("Prejudice in an ineffective assistance of counsel claim is shown when the reliability of the jury's verdict is in doubt"); Lockhart v. Fretwell, 506 U.S. 364, 372 (1993) (recognizing that a reviewing court must consider "whether counsel's deficient performance renders the result of the trial unreliable or the proceeding fundamentally unfair"). | 1 | 1 |
Stewart v. LaGrandgreen1 sentence2013See Stewart v. LaGrand, 526 U.S. 115, 120 (1999) (concluding that ineffective-assistance-of-counsel claim failed as good cause because the ineffective-assistance claim was itself procedurally defaulted); Hathaway, 119 Nev. at 252 , 71 P.3d at 506 ("[T]o constitute adequate cause, the ineffective assistance of counsel claim itself must not be procedurally defaulted."); Riker, 121 Nev. at 235 , 112 P.3d at 1077 ; Pellegrini, 117 Nev. at 869-70 , 34 P.3d at 526 . | 1 | 1 |
Davis v. Stategreen2 sentences2011Flores-Ortega, 528 U.S. at 477-81 ; Thomas, 115 Nev. at 150 , 979 P.2d at 223 ; Davis v. State, 115 Nev. 17, 20 , 974 P.2d 658, 659-60 (1999). 2011Flores-Ortega, 528 U.S. at 477-81 ; Thomas, 115 Nev. at 150 , 979 P.2d at 223 ; Davis v. State, 115 Nev. 17, 20 , 974 P.2d 658, 659-60 (1999). | 1 | 1 |
United States v. Bandagreen2 sentences2008See Nollette v. State, 118 Nev. 341, 349-50 , 46 P.3d 87, 93 (2002) (relying on Barajas and holding that failure to inform a defendant of the collateral consequences of sex offender registration and potential loss of professional license does not support an ineffective assistance of counsel claim). 27 Barajas, 115 Nev. at 442-43 , 991 P.2d at 476 (citing United States v. Banda, 1 F.3d 354, 356 (5th Cir. 1993)). 28 Id. at 442 n.1, 991 P.2d at 476 n.1 (recognizing that some federal courts had adopted the affirmative misrepresentation exception for deportation). 29 We invited the public defenders 2008See Nollette v. State, 118 Nev. 341, 349-50 , 46 P.3d 87, 93 (2002) (relying on Barajas and holding that failure to inform a defendant of the collateral consequences of sex offender registration and potential loss of professional license does not support an ineffective assistance of counsel claim). 27 Barajas, 115 Nev. at 442-43 , 991 P.2d at 476 (citing United States v. Banda, 1 F.3d 354, 356 (5th Cir. 1993)). 28 Id. at 442 n.1, 991 P.2d at 476 n.1 (recognizing that some federal courts had adopted the affirmative misrepresentation exception for deportation). 29 We invited the public defenders | 1 | 1 |
United States v. Paul A. Russellgreen1 sentence2008The Washoe County Public Defender filed an amicus brief but Clark County declined, citing a potential conflict of interest. 30 See Nay v. State, 123 Nev. 326, 330-33 , 167 P.3d 430 , 433-35 (2007); see also Rose v. State, 123 Nev. 194, 210-11 , 163 P.3d 408, 419 (2007). 31 See, e.g., United States v. Russell, 686 F.2d 35, 38 (D.C. | 1 | 1 |
Barajas v. Stategreen2 sentences2008See Nollette v. State, 118 Nev. 341, 349-50 , 46 P.3d 87, 93 (2002) (relying on Barajas and holding that failure to inform a defendant of the collateral consequences of sex offender registration and potential loss of professional license does not support an ineffective assistance of counsel claim). 27 Barajas, 115 Nev. at 442-43 , 991 P.2d at 476 (citing United States v. Banda, 1 F.3d 354, 356 (5th Cir. 1993)). 28 Id. at 442 n.1, 991 P.2d at 476 n.1 (recognizing that some federal courts had adopted the affirmative misrepresentation exception for deportation). 29 We invited the public defenders 2008See Nollette v. State, 118 Nev. 341, 349-50 , 46 P.3d 87, 93 (2002) (relying on Barajas and holding that failure to inform a defendant of the collateral consequences of sex offender registration and potential loss of professional license does not support an ineffective assistance of counsel claim). 27 Barajas, 115 Nev. at 442-43 , 991 P.2d at 476 (citing United States v. Banda, 1 F.3d 354, 356 (5th Cir. 1993)). 28 Id. at 442 n.1, 991 P.2d at 476 n.1 (recognizing that some federal courts had adopted the affirmative misrepresentation exception for deportation). 29 We invited the public defenders | 1 | 1 |
| Nollette v. Stategreen | 1 | 1 |
| Rose v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Watters v. State
green
2 sentences2020Marquez also claims ineffective assistance, relying on Watters v. State, 129 Nev. 886 , 313 P.3d 243 (2013), based on trial counsel's failure to object to the slide show used in the State's closing argument showing verdict forms marked guilty. 2020Marquez also claims ineffective assistance, relying on Watters v. State, 129 Nev. 886 , 313 P.3d 243 (2013), based on trial counsel's failure to object to the slide show used in the State's closing argument showing verdict forms marked guilty. | 1 | 2020–2020 |
Cuyler v. Sullivan
green
1 sentence2017First, a conflict-of-interest claim is, at its root, an ineffective- assistance-of-counsel claim, see, e.g., Cuyler v. Sullivan, 446 U.S. 335, 345 , SUPREME COURT OF NEVADA 2 (01 I947A 9(09 y. 348-50 (1980), and the ineffective assistance of postconviction counsel does not constitute good cause, Brown, 130 Nev., Adv. | 1 | 2017–2017 |
Martinez v. Ryan
green
1 sentence2017McDaniel, 130 Nev., Op. No. 60, 331 P.3d 867 (2014) (rejecting the application of Martinez v. Ryan, 566 U.S. , 132 S.Ct. 1309 (2012), to state procedural bars and recognizing that good cause cannot be premised SUPREME COURT OF NEVADA 3 (0) 1947A 42Nic" upon an ineffective-assistance-of-counsel claim where there is no statutory or constitutional right to counsel). | 1 | 2017–2017 |
Letesheia O. v. State, Division of Child & Family Services
green
1 sentence2016In re Parental Rights as to N.D.O., 121 Nev. 379, 384 , 115 P.3d 223, 226 (2005). | 1 | 2016–2016 |
Nika v. State
green
2 sentences2015Carpino v. State, Docket No. 54500 (Order of Affirmance, June 9, 2010); see Strickland v. Washington, 466 U.S. 668, 687-88 (1984) (holding that an ineffective assistance of counsel claim requires, in part, that counsel's conduct was deficient); Nika, 124 Nev. at 1289 , 198 P.3d at 851 . 2015Carpino v. State, Docket No. 54500 (Order of Affirmance, June 9, 2010); see Strickland v. Washington, 466 U.S. 668, 687-88 (1984) (holding that an ineffective assistance of counsel claim requires, in part, that counsel's conduct was deficient); Nika, 124 Nev. at 1289 , 198 P.3d at 851 . | 1 | 2015–2015 |
Ronald K. Spivey v. Walter Zant, Warden, Georgia Diagnostic and Classification Center
green
2 sentences2014Our narrow holding was consistent with our reliance on Spivey v. Zant, 683 F.2d 881 (5th Cir. 1982), a case holding that a former client is entitled to all portions of his former attorney's file and that the work product protection only applies when an adversary seeks materials. 2014Our narrow holding was consistent with our reliance on Spivey v. Zant, 683 F.2d 881 (5th Cir. 1982), a case holding that a former client is entitled to all portions of his former attorney's file and that the work product protection only applies when an adversary seeks materials. | 1 | 2014–2014 |
State v. Dist. Ct.
green
1 sentence2013See Stewart v. LaGrand, 526 U.S. 115, 120 (1999) (concluding that ineffective-assistance-of-counsel claim failed as good cause because the ineffective-assistance claim was itself procedurally defaulted); Hathaway, 119 Nev. at 252 , 71 P.3d at 506 ("[T]o constitute adequate cause, the ineffective assistance of counsel claim itself must not be procedurally defaulted."); Riker, 121 Nev. at 235 , 112 P.3d at 1077 ; Pellegrini, 117 Nev. at 869-70 , 34 P.3d at 526 . | 1 | 2013–2013 |
State v. Eighth Judicial District Court
green
1 sentence2013See Stewart v. LaGrand, 526 U.S. 115, 120 (1999) (concluding that ineffective-assistance-of-counsel claim failed as good cause because the ineffective-assistance claim was itself procedurally defaulted); Hathaway, 119 Nev. at 252 , 71 P.3d at 506 ("[T]o constitute adequate cause, the ineffective assistance of counsel claim itself must not be procedurally defaulted."); Riker, 121 Nev. at 235 , 112 P.3d at 1077 ; Pellegrini, 117 Nev. at 869-70 , 34 P.3d at 526 . | 1 | 2013–2013 |
Roe v. Flores-Ortega
green
1 sentence2011Flores-Ortega, 528 U.S. at 477-81 ; Thomas, 115 Nev. at 150 , 979 P.2d at 223 ; Davis v. State, 115 Nev. 17, 20 , 974 P.2d 658, 659-60 (1999). | 1 | 2011–2011 |
Thomas v. State
green
2 sentences2011Flores-Ortega, 528 U.S. at 477-81 ; Thomas, 115 Nev. at 150 , 979 P.2d at 223 ; Davis v. State, 115 Nev. 17, 20 , 974 P.2d 658, 659-60 (1999). 2011Flores-Ortega, 528 U.S. at 477-81 ; Thomas, 115 Nev. at 150 , 979 P.2d at 223 ; Davis v. State, 115 Nev. 17, 20 , 974 P.2d 658, 659-60 (1999). | 1 | 2011–2011 |
| Nay v. State green | 1 | 2008–2008 |
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.