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33 Oklahoma opinions name it 1 courts 1980–2017 0 in the last five years
The cases below were cited by Oklahoma 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 |
|---|---|---|
Cotton v. Stategreen2 sentences1996We considered the application of the test in Pierce v. State, 786 P.2d 1255, 1266-67 (Okl.Cr.1990), and held: We have long held that allegation of incompetency of counsel will be judged by “whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney in light of his overall performance.” Fisher v. State, 736 P.2d 1003, 1011 (Okl.Cr.1987); Cotton v. State, 679 P.2d 1305, 1308 (Okl.Cr.1984). 1995We considered the application of the test in Pierce v. State, 786 P.2d 1255 (Okl.Cr.1990), and held: We have long held that allegation of incompetency of counsel will be judged by "whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney in light of his overall performance." Fisher v. State, 736 P.2d 1003, 1011 (Okl.Cr.1987); Cotton v. State, 679 P.2d 1305, 1308 (Okl.Cr.1984). | 11 | 11 |
Fisher v. Stategreen2 sentences1996We considered the application of the test in Pierce v. State, 786 P.2d 1255, 1266-67 (Okl.Cr.1990), and held: We have long held that allegation of incompetency of counsel will be judged by “whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney in light of his overall performance.” Fisher v. State, 736 P.2d 1003, 1011 (Okl.Cr.1987); Cotton v. State, 679 P.2d 1305, 1308 (Okl.Cr.1984). 1995We considered the application of the test in Pierce v. State, 786 P.2d 1255 (Okl.Cr.1990), and held: We have long held that allegation of incompetency of counsel will be judged by "whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney in light of his overall performance." Fisher v. State, 736 P.2d 1003, 1011 (Okl.Cr.1987); Cotton v. State, 679 P.2d 1305, 1308 (Okl.Cr.1984). | 8 | 8 |
Bryson v. Stategreen2 sentences2011No particular set of detailed rules for counsel's conduct can satisfactorily take account of the variety of cireumstances faced by defense counsel or the range of legitimate decisions regarding how best to represent a criminal defendant."); Ryder, 2004 OK CR 2, ¶ 85 , 88 P.3d at 876 ("[this Court has stated the issue is whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney in light of his overall performance"), citing Bryson v. State, 876 P.2d 240, 264 (Okl.Or.1994). 1208 At the evidentiary hearing, trial counsel was not asked and did not specif 2008Bryson v. State, 1994 OK CR 32, ¶ 73 , 876 P.2d 240, 264 . | 5 | 6 |
Pierce v. Stategreen2 sentences1996We considered the application of the test in Pierce v. State, 786 P.2d 1255, 1266-67 (Okl.Cr.1990), and held: We have long held that allegation of incompetency of counsel will be judged by “whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney in light of his overall performance.” Fisher v. State, 736 P.2d 1003, 1011 (Okl.Cr.1987); Cotton v. State, 679 P.2d 1305, 1308 (Okl.Cr.1984). 1995We considered the application of the test in Pierce v. State, 786 P.2d 1255 (Okl.Cr.1990), and held: We have long held that allegation of incompetency of counsel will be judged by "whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney in light of his overall performance." Fisher v. State, 736 P.2d 1003, 1011 (Okl.Cr.1987); Cotton v. State, 679 P.2d 1305, 1308 (Okl.Cr.1984). | 2 | 5 |
Malone v. Stategreen2 sentences2017Id., 2013 OK CR ¶ 15, 293 P.3d at 206-207. ¶160 Appellant first finds counsel ineffective for failing to file a motion in limine to exclude the decedent's alleged hearsay statements. 2017Id., 2013 OK CR ¶ 15, 293 P.3d at 206-207. ¶160 Appellant first finds counsel ineffective for failing to file a motion in limine to exclude the decedent's alleged hearsay statements. | 1 | 2 |
Primeaux v. Stategreen1 sentence2011No particular set of detailed rules for counsel's conduct can satisfactorily take account of the variety of cireumstances faced by defense counsel or the range of legitimate decisions regarding how best to represent a criminal defendant."); Ryder, 2004 OK CR 2, ¶ 85 , 88 P.3d at 876 ("[this Court has stated the issue is whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney in light of his overall performance"), citing Bryson v. State, 876 P.2d 240, 264 (Okl.Or.1994). 1208 At the evidentiary hearing, trial counsel was not asked and did not specif | 1 | 1 |
Manning v. Stategreen1 sentence1982The present test is whether defense counsel exercised “the skill, judgment, and diligence of a reasonably competent defense attorney.” Johnson v. State, supra at 1313; see also Manning v. State, 630 P.2d 327 (Okl.Cr.1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2017Id., 2013 OK CR ¶ 15, 293 P.3d at 206-207. ¶160 Appellant first finds counsel ineffective for failing to file a motion in limine to exclude the decedent's alleged hearsay statements. 2017Id., 2013 OK CR ¶ 15, 293 P.3d at 206-207. ¶160 Appellant first finds counsel ineffective for failing to file a motion in limine to exclude the decedent's alleged hearsay statements. | 5 | 2006–2017 |
Johnson v. State
green
2 sentences1985The issue is whether the accused was afforded reasonably competent assistance of counsel, i.e., whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney, Johnson v. State, 620 P.2d 1311 (Okl.Cr. 1981), assessed in light of counsel's overall performance. 1985The issue is whether the accused was afforded reasonably competent assistance of counsel, i.e., whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney, Johnson v. State, 620 P.2d 1311 (Okl.Cr. 1981), assessed in light of counsel’s overall performance. | 5 | 1980–1985 |
Aziz v. Groose
green
2 sentences2004Bryson v. State, 876 P.2d 240, 264 (Okl.Cr.1994), ce rt. denied, 513 U.S. 1090 , 115 S.Ct. 752 , 130 L.Ed.2d 651 (1995). ¶ 86 As discussed above, trial counsel did have the psychological evaluation, finding Appellant not competent to stand trial, prior to trial. 2001Bryson v. State, 876 P.2d 240, 264 (Okl.Cr.1994), cert. denied, 513 U.S. 1090 , 115 S.Ct. 752 , 130 L.Ed.2d 651 (1995). ś 112 A review of the record shows counsel did not concede guilt during the first stage. | 4 | 2000–2004 |
Weakley v. Security State Bank & Trust
green
2 sentences2004Bryson v. State, 876 P.2d 240, 264 (Okl.Cr.1994), ce rt. denied, 513 U.S. 1090 , 115 S.Ct. 752 , 130 L.Ed.2d 651 (1995). ¶ 86 As discussed above, trial counsel did have the psychological evaluation, finding Appellant not competent to stand trial, prior to trial. 2001Bryson v. State, 876 P.2d 240, 264 (Okl.Cr.1994), cert. denied, 513 U.S. 1090 , 115 S.Ct. 752 , 130 L.Ed.2d 651 (1995). ś 112 A review of the record shows counsel did not concede guilt during the first stage. | 4 | 2000–2004 |
Okocha v. Cleveland Bar Ass'n
green
2 sentences2004Bryson v. State, 876 P.2d 240, 264 (Okl.Cr.1994), ce rt. denied, 513 U.S. 1090 , 115 S.Ct. 752 , 130 L.Ed.2d 651 (1995). ¶ 86 As discussed above, trial counsel did have the psychological evaluation, finding Appellant not competent to stand trial, prior to trial. 2001Bryson v. State, 876 P.2d 240, 264 (Okl.Cr.1994), cert. denied, 513 U.S. 1090 , 115 S.Ct. 752 , 130 L.Ed.2d 651 (1995). ś 112 A review of the record shows counsel did not concede guilt during the first stage. | 3 | 2000–2004 |
Cephus Donald Dyer v. Richard Crisp
green
2 sentences1982Dyer v. Crisp, 613 F.2d 275 (10th Cir. 1980). 1980For the most recent decision on competency of counsel, see Johnson v. State, Okl.Cr., 620 P.2d 1311 (1980), where this Court adopts the reasonably competent standard, following the Tenth Circuit Court of Appeals in Dyer v. Crisp, 613 F.2d 275 (10th Cir. 1980). | 3 | 1980–1982 |
Bland v. State
green
2 sentences2006Bland, 2000 OK CR 11, at ¶ 112 , 4 P.3d at 730-731 . ¶ 36 The Oklahoma rules of Professional Conduct govern attorney conduct in this state. 2006Bland, 2000 OK CR 11, at ¶ 112 , 4 P.3d at 730-731 . ¶ 36 The Oklahoma rules of Professional Conduct govern attorney conduct in this state. | 2 | 2004–2006 |
Taylor v. State
green
2 sentences1985Taylor v. State, 659 P.2d 362 (Okl.Cr.1983). 1984The issue is whether the accused was afforded reasonably competent assistance of counsel, i.e., whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney, Johnson v. State, 620 P.2d 1311 (Okl.Cr.1980), assessed in light of counsel’s overall performance, Taylor v. State, 659 P.2d 362 (Okl.Cr.1983). | 2 | 1984–1985 |
Mitchell v. State
green
2 sentences2013Mitchell, 2011 OK CR 26, ¶ 140 , 270 P.3d at 190 . 2013Mitchell, 2011 OK CR 26, ¶ 140 , 270 P.3d at 190 . | 1 | 2013–2013 |
Ryder v. State
green
1 sentence2011No particular set of detailed rules for counsel's conduct can satisfactorily take account of the variety of cireumstances faced by defense counsel or the range of legitimate decisions regarding how best to represent a criminal defendant."); Ryder, 2004 OK CR 2, ¶ 85 , 88 P.3d at 876 ("[this Court has stated the issue is whether counsel exercised the skill, judgment and diligence of a reasonably competent defense attorney in light of his overall performance"), citing Bryson v. State, 876 P.2d 240, 264 (Okl.Or.1994). 1208 At the evidentiary hearing, trial counsel was not asked and did not specif | 1 | 2011–2011 |
Jackson v. State
green
2 sentences2004Bland, 2000 OK CR 11 , ถ 112, 4 P.3d at 731 . ถ 51 Appellant relies on Jackson v. State, 2001 OK CR 37 , ถ 15, 41 P.3d 395, 398-399 , where this Court reiterated its position that a concession of guilt does not amount to ineffective assistance of counsel, per se. 2004Bland, 2000 OK CR 11 , ถ 112, 4 P.3d at 731 . ถ 51 Appellant relies on Jackson v. State, 2001 OK CR 37 , ถ 15, 41 P.3d 395, 398-399 , where this Court reiterated its position that a concession of guilt does not amount to ineffective assistance of counsel, per se. | 1 | 2004–2004 |
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.