Strickland v. Washington standard (Georgia) · Go Syfert
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Strickland v. Washington standard in Georgia

28 Georgia opinions name it 2 courts 1998–2023 1 in the last five years

The cases below were cited by Georgia 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 (18)

CaseFollowedCited
Goodwin v. Cruz-Padillogreen
ga · 1995 · cited in 7 Georgia opinions naming this issue, 2011–2014
2 sentences

2014Goodwin v. Cruz-Padillo, 265 Ga. 614, 615 ( 458 SE2d 623 ) (1995); Ponder v. State, 201 Ga. App. 388, 389 (1) ( 411 SE2d 119 ) (1991).

2014Goodwin v. Cruz-Padillo, 265 Ga. 614, 615 ( 458 SE2d 623 ) (1995); Ponder v. State, 201 Ga. App. 388, 389 (1) ( 411 SE2d 119 ) (1991).

77
Ponder v. Stategreen
gactapp · 1991 · cited in 7 Georgia opinions naming this issue, 2011–2014
2 sentences

2014Goodwin v. Cruz-Padillo, 265 Ga. 614, 615 ( 458 SE2d 623 ) (1995); Ponder v. State, 201 Ga. App. 388, 389 (1) ( 411 SE2d 119 ) (1991).

2014Goodwin v. Cruz-Padillo, 265 Ga. 614, 615 ( 458 SE2d 623 ) (1995); Ponder v. State, 201 Ga. App. 388, 389 (1) ( 411 SE2d 119 ) (1991).

77
Veasley v. Stategreen
gactapp · 2011 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Veasley v. State , 312 Ga. App. 728 , 731 (2), 719 S.E.2d 585 (2011) ("When a defendant fails to establish that his counsel's performance prejudicially affected his defense, we need not evaluate whether counsel's performance was deficient, because failure to satisfy either prong of the Strickland v. Washington standard is fatal to an ineffective assistance claim.") (citations omitted).

2019See Veasley v. State , 312 Ga. App. 728 , 731 (2), 719 S.E.2d 585 (2011) ("When a defendant fails to establish that his counsel's performance prejudicially affected his defense, we need not evaluate whether counsel's performance was deficient, because failure to satisfy either prong of the Strickland v. Washington standard is fatal to an ineffective assistance claim.") (citations omitted).

22
Hill v. Lockhartgreen
scotus · 1985 · cited in 2 Georgia opinions naming this issue, 2009–2017
2 sentences

2017The State entered an order of nolle prosequi as to a separate aggravated child molestation count and a separate count of enticing a child for indent purposes. 2 270 Ga. 580, 581 (1) ( 513 SE2d 212 ) (1999). 3 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 4 In Hill v. Lockhart, 474 U. S. 52, 58 ( 106 SCt 366 , 88 LE2d 203) (1985), the United States Supreme Court held that the “two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.” 5 Compare State v. Patel, 280 Ga. 181 ( 626 SE2d 121 ) (2006); Rollins v. State, 277 Ga. 488

2017The State entered an order of nolle prosequi as to a separate aggravated child molestation count and a separate count of enticing a child for indent purposes. 2 270 Ga. 580, 581 (1) ( 513 SE2d 212 ) (1999). 3 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 4 In Hill v. Lockhart, 474 U. S. 52, 58 ( 106 SCt 366 , 88 LE2d 203) (1985), the United States Supreme Court held that the “two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.” 5 Compare State v. Patel, 280 Ga. 181 ( 626 SE2d 121 ) (2006); Rollins v. State, 277 Ga. 488

22
Strickland v. Washingtongreen
scotus · 1984 · cited in 9 Georgia opinions naming this issue, 2006–2020
2 sentences

2017The State entered an order of nolle prosequi as to a separate aggravated child molestation count and a separate count of enticing a child for indent purposes. 2 270 Ga. 580, 581 (1) ( 513 SE2d 212 ) (1999). 3 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 4 In Hill v. Lockhart, 474 U. S. 52, 58 ( 106 SCt 366 , 88 LE2d 203) (1985), the United States Supreme Court held that the “two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.” 5 Compare State v. Patel, 280 Ga. 181 ( 626 SE2d 121 ) (2006); Rollins v. State, 277 Ga. 488

2017The State entered an order of nolle prosequi as to a separate aggravated child molestation count and a separate count of enticing a child for indent purposes. 2 270 Ga. 580, 581 (1) ( 513 SE2d 212 ) (1999). 3 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 4 In Hill v. Lockhart, 474 U. S. 52, 58 ( 106 SCt 366 , 88 LE2d 203) (1985), the United States Supreme Court held that the “two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.” 5 Compare State v. Patel, 280 Ga. 181 ( 626 SE2d 121 ) (2006); Rollins v. State, 277 Ga. 488

19
Crankshaw v. the Stategreen
gactapp · 2016 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019He also testified that he did not believe the testimony about the 19 See Veasley v. State, 312 Ga. App. 728, 731 (2) ( 719 SE2d 585 ) (2011) (“When a defendant fails to establish that his counsel’s performance prejudicially affected his defense, we need not evaluate whether counsel’s performance was deficient, because failure to satisfy either prong of the Strickland v. Washington standard is fatal to an ineffective assistance claim.”) (citations omitted). 20 Crankshaw v. State, 336 Ga. App. 700, 703 (3) (c) ( 786 SE2d 245 ) (2016) (citation and punctuation omitted).

2019He also testified that he did not believe the testimony about the 19 See Veasley v. State, 312 Ga. App. 728, 731 (2) ( 719 SE2d 585 ) (2011) (“When a defendant fails to establish that his counsel’s performance prejudicially affected his defense, we need not evaluate whether counsel’s performance was deficient, because failure to satisfy either prong of the Strickland v. Washington standard is fatal to an ineffective assistance claim.”) (citations omitted). 20 Crankshaw v. State, 336 Ga. App. 700, 703 (3) (c) ( 786 SE2d 245 ) (2016) (citation and punctuation omitted).

12
Pritchett v. Stategreen
ga · 2022 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023In reviewing the trial court’s decision, we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts. 13 Pritchett v. State, 314 Ga. 767, 780-781 (3) ( 879 SE2d 436 ) (2022) (citation and punctuation omitted).

2023In reviewing the trial court’s decision, we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts. 13 Pritchett v. State, 314 Ga. 767, 780-781 (3) ( 879 SE2d 436 ) (2022) (citation and punctuation omitted).

11
Burke v. Stategreen
gactapp · 2012 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Smith v. State, 317 Ga. App. 801, 806 (3) (c) ( 732 SE2d 840 ) (2012) (accord); see also Burke v. State, 316 Ga. App. 386, 389 (1) (a) ( 729 SE2d 531 ) (2012) (Trial counsel’s failure to make a meritless or futile objection or motion does not constitute ineffective assistance.). 21 The Appellant did not call his other trial attorney to testify during the hearing. 11 text messages had been “fatal” to the Appellant’s defense, which was based on an argument that the Appellant was not present when the shooting took place.

2019See Smith v. State, 317 Ga. App. 801, 806 (3) (c) ( 732 SE2d 840 ) (2012) (accord); see also Burke v. State, 316 Ga. App. 386, 389 (1) (a) ( 729 SE2d 531 ) (2012) (Trial counsel’s failure to make a meritless or futile objection or motion does not constitute ineffective assistance.). 21 The Appellant did not call his other trial attorney to testify during the hearing. 11 text messages had been “fatal” to the Appellant’s defense, which was based on an argument that the Appellant was not present when the shooting took place.

11
Smith v. Stategreen
gactapp · 2012 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Smith v. State, 317 Ga. App. 801, 806 (3) (c) ( 732 SE2d 840 ) (2012) (accord); see also Burke v. State, 316 Ga. App. 386, 389 (1) (a) ( 729 SE2d 531 ) (2012) (Trial counsel’s failure to make a meritless or futile objection or motion does not constitute ineffective assistance.). 21 The Appellant did not call his other trial attorney to testify during the hearing. 11 text messages had been “fatal” to the Appellant’s defense, which was based on an argument that the Appellant was not present when the shooting took place.

2019See Smith v. State, 317 Ga. App. 801, 806 (3) (c) ( 732 SE2d 840 ) (2012) (accord); see also Burke v. State, 316 Ga. App. 386, 389 (1) (a) ( 729 SE2d 531 ) (2012) (Trial counsel’s failure to make a meritless or futile objection or motion does not constitute ineffective assistance.). 21 The Appellant did not call his other trial attorney to testify during the hearing. 11 text messages had been “fatal” to the Appellant’s defense, which was based on an argument that the Appellant was not present when the shooting took place.

11
Hooks v. Walleygreen
ga · 2016 · cited in 1 Georgia opinions naming this issue, 2017–2017
1 sentence

2017“The Strickland v. Washington standard consists of a two-prong analysis: first, counsel’s performance must have been deficient, and second, the deficiency must have prejudiced the defense.” Hooks v. Walley, 299 Ga. 589, 590-591 ( 791 SE2d 88 ) (2016) (quotation omitted).

11
Lawrence v. Stategreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017“If an appellant fails to meet his or her burden of proving either prong of the Strickland test, the reviewing court does not have to examine the other prong.” Lawrence v. State, 286 Ga. 533, 533-534 ( 690 SE2d 801 ) (2010).

2017“If an appellant fails to meet his or her burden of proving either prong of the Strickland test, the reviewing court does not have to examine the other prong.” Lawrence v. State, 286 Ga. 533, 533-534 ( 690 SE2d 801 ) (2010).

11
Williams v. Duffygreen
ga · 1999 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017The State entered an order of nolle prosequi as to a separate aggravated child molestation count and a separate count of enticing a child for indent purposes. 2 270 Ga. 580, 581 (1) ( 513 SE2d 212 ) (1999). 3 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 4 In Hill v. Lockhart, 474 U. S. 52, 58 ( 106 SCt 366 , 88 LE2d 203) (1985), the United States Supreme Court held that the “two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.” 5 Compare State v. Patel, 280 Ga. 181 ( 626 SE2d 121 ) (2006); Rollins v. State, 277 Ga. 488

2017The State entered an order of nolle prosequi as to a separate aggravated child molestation count and a separate count of enticing a child for indent purposes. 2 270 Ga. 580, 581 (1) ( 513 SE2d 212 ) (1999). 3 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 4 In Hill v. Lockhart, 474 U. S. 52, 58 ( 106 SCt 366 , 88 LE2d 203) (1985), the United States Supreme Court held that the “two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.” 5 Compare State v. Patel, 280 Ga. 181 ( 626 SE2d 121 ) (2006); Rollins v. State, 277 Ga. 488

11
Cox v. Howertongreen
ga · 2012 · cited in 1 Georgia opinions naming this issue, 2017–2017
1 sentence

2017“Accordingly, the trial court did not err when it denied [Alexander’s] motion to withdraw his guilty plea on the grounds plea counsel was ineffective.” Gomez, 300 Ga. at 574 ; see generally Cox, 290 Ga. at 695 .

11
Upton v. Parksgreen
ga · 2008 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009See generally Hill v. Lockhart, 474 U.S. 52, 58-59 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985). "`"A `reasonable probability' is a probability sufficient to undermine confidence in the outcome." (Cit.)' [Cit.]" Upton v. Parks, 284 Ga. 254, 255 , 664 S.E.2d 196 (2008).

2009See generally Hill v. Lockhart, 474 U.S. 52, 58-59 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985). "`"A `reasonable probability' is a probability sufficient to undermine confidence in the outcome." (Cit.)' [Cit.]" Upton v. Parks, 284 Ga. 254, 255 , 664 S.E.2d 196 (2008).

11
Glass v. Stategreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2005–2005
1 sentence

2005See Glass v. State, 255 Ga. App. at 401 (10). 4.

11
Holland v. Statered
gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2003–2003
2 sentences

2003Holland v. State, 250 Ga. App. 24, 28 (4) ( 550 SE2d 433 ) (2001).

2003Holland v. State, 250 Ga. App. 24, 28 (4) ( 550 SE2d 433 ) (2001).

11
Cochran v. Stategreen
ga · 1992 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998See also Cochran v. State, 262 Ga. 106, 108 (2) (b) ( 414 SE2d 211 ) (1992).

1998See also Cochran v. State, 262 Ga. 106, 108 (2) (b) ( 414 SE2d 211 ) (1992).

11
Ross v. Kempgreen
ga · 1990 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Ross argues that trial counsel’s performance was so poor that this Court should abandon the Strickland v. Washington test set forth above and instead find that trial counsel’s ineffectiveness in this case was “so pervasive that a particularized inquiry into prejudice would be unguided speculation.” (Citation and punctuation omitted.) Ross v. Kemp, 260 Ga. 312, 315 ( 393 SE2d 244 ) (1990).

1998Ross argues that trial counsel’s performance was so poor that this Court should abandon the Strickland v. Washington test set forth above and instead find that trial counsel’s ineffectiveness in this case was “so pervasive that a particularized inquiry into prejudice would be unguided speculation.” (Citation and punctuation omitted.) Ross v. Kemp, 260 Ga. 312, 315 ( 393 SE2d 244 ) (1990).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Battles v. Chapman green
ga · 1998
2 sentences

2016Battles v. Chapman, 269 Ga. 702 (1) ( 506 SE2d 838 ) (1998) (Citations omitted.).

2016Battles v. Chapman, 269 Ga. 702 (1) ( 506 SE2d 838 ) (1998) (Citations omitted.).

32012–2016
State v. Patel green
ga · 2006
2 sentences

2017The State entered an order of nolle prosequi as to a separate aggravated child molestation count and a separate count of enticing a child for indent purposes. 2 270 Ga. 580, 581 (1) ( 513 SE2d 212 ) (1999). 3 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 4 In Hill v. Lockhart, 474 U. S. 52, 58 ( 106 SCt 366 , 88 LE2d 203) (1985), the United States Supreme Court held that the “two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.” 5 Compare State v. Patel, 280 Ga. 181 ( 626 SE2d 121 ) (2006); Rollins v. State, 277 Ga. 488

2017The State entered an order of nolle prosequi as to a separate aggravated child molestation count and a separate count of enticing a child for indent purposes. 2 270 Ga. 580, 581 (1) ( 513 SE2d 212 ) (1999). 3 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 4 In Hill v. Lockhart, 474 U. S. 52, 58 ( 106 SCt 366 , 88 LE2d 203) (1985), the United States Supreme Court held that the “two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.” 5 Compare State v. Patel, 280 Ga. 181 ( 626 SE2d 121 ) (2006); Rollins v. State, 277 Ga. 488

12017–2017
Gomez v. State green
ga · 2017
1 sentence

2017“Accordingly, the trial court did not err when it denied [Alexander’s] motion to withdraw his guilty plea on the grounds plea counsel was ineffective.” Gomez, 300 Ga. at 574 ; see generally Cox, 290 Ga. at 695 .

12017–2017
Rollins v. State green
ga · 2004
2 sentences

2017The State entered an order of nolle prosequi as to a separate aggravated child molestation count and a separate count of enticing a child for indent purposes. 2 270 Ga. 580, 581 (1) ( 513 SE2d 212 ) (1999). 3 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 4 In Hill v. Lockhart, 474 U. S. 52, 58 ( 106 SCt 366 , 88 LE2d 203) (1985), the United States Supreme Court held that the “two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.” 5 Compare State v. Patel, 280 Ga. 181 ( 626 SE2d 121 ) (2006); Rollins v. State, 277 Ga. 488

2017The State entered an order of nolle prosequi as to a separate aggravated child molestation count and a separate count of enticing a child for indent purposes. 2 270 Ga. 580, 581 (1) ( 513 SE2d 212 ) (1999). 3 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 4 In Hill v. Lockhart, 474 U. S. 52, 58 ( 106 SCt 366 , 88 LE2d 203) (1985), the United States Supreme Court held that the “two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.” 5 Compare State v. Patel, 280 Ga. 181 ( 626 SE2d 121 ) (2006); Rollins v. State, 277 Ga. 488

12017–2017
Hooks v. Walley green
ga · 2016
1 sentence

2017“The Strickland v. Washington standard consists of a two-prong analysis: first, counsel’s performance must have been deficient, and second, the deficiency must have prejudiced the defense.” Hooks v. Walley, 299 Ga. 589, 590-591 ( 791 SE2d 88 ) (2016) (quotation omitted).

12017–2017
Lloyd v. State green
ga · 1988
2 sentences

2009On the legal issue raised in regard to the "inference" language in Lloyd v. State, 258 Ga. 645 (2)(b), 373 S.E.2d 1 (1988), I also agree with the majority that nothing in Lloyd changed the prejudice prong requirement that, to prevail on an ineffectiveness claim, a defendant must show a reasonable probability that, but for counsel's errors, the defendant would have accepted the plea.

2009On the legal issue raised in regard to the "inference" language in Lloyd v. State, 258 Ga. 645 (2)(b), 373 S.E.2d 1 (1988), I also agree with the majority that nothing in Lloyd changed the prejudice prong requirement that, to prevail on an ineffectiveness claim, a defendant must show a reasonable probability that, but for counsel's errors, the defendant would have accepted the plea.

12009–2009
Stanford v. Stewart green
ga · 2001
2 sentences

2006Myers v. State, supra, 275 Ga. App. 709 (4). “ Areasonable probability [that the outcome of the trial would have been different] is a probability sufficient to undermine confidence in the outcome.’ Strickland, 466 U. S. at 694 .” Stanford v. Stewart, 274 Ga. 468 (1) ( 554 SE2d 480 ) (2001).

2006Myers v. State, supra, 275 Ga. App. 709 (4). “ Areasonable probability [that the outcome of the trial would have been different] is a probability sufficient to undermine confidence in the outcome.’ Strickland, 466 U. S. at 694 .” Stanford v. Stewart, 274 Ga. 468 (1) ( 554 SE2d 480 ) (2001).

12006–2006
Jenkins v. State green
ga · 1997
2 sentences

1998Jenkins v. State, 268 Ga. 468 (10) ( 491 SE2d 54 ) (1997).

1998Jenkins v. State, 268 Ga. 468 (10) ( 491 SE2d 54 ) (1997).

11998–1998

Statutes the citing opinions construe

GA § 16-5-21 (8) GA § 16-11-106 (3) GA § 16-3-21 (3) GA § 16-7-1 (3) GA § 16-8-41 (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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