appellant must overcome presumption (Oklahoma) · Go Syfert
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appellant must overcome presumption in Oklahoma

23 Oklahoma opinions name it 1 courts 1988–2025 6 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.

Followed or applied (1)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 18 Oklahoma opinions naming this issue, 1988–2025
2 sentences

2025A reasonable probability is a probability sufficient to undermine the confidence in the outcome." Id. at 694 . ¶92 In Strickland , the Court went on to say that there is a strong presumption that counsel's conduct falls within the wide range of reasonable professional conduct, i.e., an appellant must overcome the presumption that, under the circumstances, counsel's conduct constituted sound trial strategy.

2025A reasonable probability is a probability sufficient to undermine the confidence in the outcome." Id. at 694 . ¶92 In Strickland , the Court went on to say that there is a strong presumption that counsel's conduct falls within the wide range of reasonable professional conduct, i.e., an appellant must overcome the presumption that, under the circumstances, counsel's conduct constituted sound trial strategy.

118

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Goode v. State green
oklacrimapp · 2010
2 sentences

2018Goode , 2010 OK CR 10 , ¶ 81, 236 P.3d at 686 .

2018Goode , 2010 OK CR 10 , ¶ 81, 236 P.3d at 686 .

52015–2018
SANDERS v. STATE green
oklacrimapp · 2015
2 sentences

2022Sanders v. State, 2015 OK CR 11 358 P.3d 280 Id (citing Strickland, 466 U.S. at 687 ). ¶15 In Strickland , the Supreme Court said there is a strong presumption that counsel's conduct falls within the wide range of reasonable professional conduct, i.e., an appellant must overcome the presumption that, under the circumstances, counsel's conduct constituted sound trial strategy.

2022Sanders v. State, 2015 OK CR 11 358 P.3d 280 Id (citing Strickland, 466 U.S. at 687 ). ¶15 In Strickland , the Supreme Court said there is a strong presumption that counsel's conduct falls within the wide range of reasonable professional conduct, i.e., an appellant must overcome the presumption that, under the circumstances, counsel's conduct constituted sound trial strategy.

12022–2022
Michel v. Louisiana green
scotus · 1956
2 sentences

1991Moreover, the Appellant must overcome a presumption that, under the circumstances, the challenged action, "might be considered sound trial strategy." Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158, 164 , 100 L.Ed. 83 (1955).

1991Moreover, the Appellant must overcome a presumption that, under the circumstances, the challenged action, "might be considered sound trial strategy." Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158, 164 , 100 L.Ed. 83 (1955).

11991–1991

Statutes the citing opinions construe

OK § Okla. Stat. tit. 21, § 701.7 (9) OK § Okla. Stat. tit. 21, § 701.13 (7) OK § Okla. Stat. tit. 21, § 1283 (6) OK § Okla. Stat. tit. 21, § 701.12 (6) OK § Okla. Stat. tit. 12, § 2403 (5) OK § Okla. Stat. tit. 12, § 2804 (5) OK § Okla. Stat. tit. 21, § 701.8 (5) OK § Okla. Stat. tit. 12, § 2404 (4) OK § Okla. Stat. tit. 12, § 2801 (4) OK § Okla. Stat. tit. 21, § 11 (4) OK § Okla. Stat. tit. 21, § 13.1 (4) OK § Okla. Stat. tit. 21, § 1289.16 (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 204 (1986–2024) OK 23 (1988–2025) OH 16 (1999–2024) AL 15 (1967–2024) PA 14 (2002–2022) CA 6 (2013–2026) LA 4 (1990–2017) MT 4 (1986–1987) WA 3 (2020–2025) IN 2 (2001–2008)

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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