defendant to overcome presumption (Wyoming) · Go Syfert
← Wyoming issues

defendant to overcome presumption in Wyoming

23 Wyoming opinions name it 1 courts 1993–2011 0 in the last five years

The cases below were cited by Wyoming 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 (10)

CaseFollowedCited
Dickeson v. Stategreen
wyo · 1992 · cited in 17 Wyoming opinions naming this issue, 1993–2010
2 sentences

2010“The burden is upon the defendant to overcome this presumption that, in light of the circumstances, the challenged action or failure of the attorney might be considered sound trial strategy.” Dickeson v. State, 843 P.2d 606, 609 (Wyo.1992). [¶ 35] Appellant contends his trial counsel was ineffective for: (1) failing to request a *274 limiting instruction regarding the State’s uncharged misconduct evidence at the time that evidence was introduced; (2) failing to object to the content of the uncharged misconduct limiting instruction; and (3) failing to object to the qualifications of certain wit

2008Id.

617
Dudley v. Stategreen
wyo · 1998 · cited in 3 Wyoming opinions naming this issue, 2003–2011
2 sentences

2011We have said that "[the burden is upon the defendant to overcome this presumption that, in light of the cireumstances, the challenged action or failure of the attorney might be considered sound trial strategy." Dudley v. State, 951 P.2d 1176, 1181 (Wyo.1998) (quoting Johnson v. State, 986 P.2d 458, 467 (Wyo. 1997).

2003Dudley v. State, 951 P.2d 1176, 1181 (Wyo. 1998) (citations and quotation marks omitted).

33
Bloomquist v. Stategreen
wyo · 1996 · cited in 1 Wyoming opinions naming this issue, 2009–2009
1 sentence

2009Bloomquist v. State, 914 P.2d 812, 820 (Wyo.1996) (internal quotation marks and citations omitted).

11
Leyva v. Stategreen
wyo · 2005 · cited in 1 Wyoming opinions naming this issue, 2007–2007
2 sentences

2007Id. *116 Leyva v. State, 2005 WY 22, ¶ 19 , 106 P.3d 873, 878 (Wyo.2005) (quoting CLC v. State, 2004 WY 2, ¶ 11 , 82 P.3d 1235, 1238-39 (Wyo.2004)).

2007Id. *116 Leyva v. State, 2005 WY 22, ¶ 19 , 106 P.3d 873, 878 (Wyo.2005) (quoting CLC v. State, 2004 WY 2, ¶ 11 , 82 P.3d 1235, 1238-39 (Wyo.2004)).

11
CLC v. Stategreen
wyo · 2004 · cited in 1 Wyoming opinions naming this issue, 2007–2007
2 sentences

2007Id. *116 Leyva v. State, 2005 WY 22, ¶ 19 , 106 P.3d 873, 878 (Wyo.2005) (quoting CLC v. State, 2004 WY 2, ¶ 11 , 82 P.3d 1235, 1238-39 (Wyo.2004)).

2007Id. *116 Leyva v. State, 2005 WY 22, ¶ 19 , 106 P.3d 873, 878 (Wyo.2005) (quoting CLC v. State, 2004 WY 2, ¶ 11 , 82 P.3d 1235, 1238-39 (Wyo.2004)).

11
Wilson v. Stategreen
wyo · 2003 · cited in 1 Wyoming opinions naming this issue, 2004–2004
2 sentences

2004Dickeson, 843 P.2d at 609 . [¶ 14] We also recently clarified in Wilson v. State, 2003 WY 59, ¶ 6 , 68 P.3d 1181, ¶ 6 (Wyo.2003), that under the two-prong standard, an appellant claiming ineffective assistance of counsel must demonstrate on the record that counsel's performance was deficient and that prejudice resulted.

2004Dickeson, 843 P.2d at 609 . [¶ 14] We also recently clarified in Wilson v. State, 2003 WY 59, ¶ 6 , 68 P.3d 1181, ¶ 6 (Wyo.2003), that under the two-prong standard, an appellant claiming ineffective assistance of counsel must demonstrate on the record that counsel's performance was deficient and that prejudice resulted.

11
Johnson v. Stategreen
wyo · 1997 · cited in 1 Wyoming opinions naming this issue, 1998–1998
1 sentence

1998Johnson v. State, 936 P.2d 458, 467 (Wyo.1997) (quoting Dickeson v. State, 843 P.2d 606, 609 (Wyo.1992) (some citations omitted)).

11
Herdt v. Stategreen
wyo · 1995 · cited in 1 Wyoming opinions naming this issue, 1997–1997
1 sentence

1997Strickland.” Amer v. State, 872 P.2d 100, 104 (Wyo.1994) (quoting Dickeson v. State, 843 P.2d 606, 609 (Wyo.1992)); see also Herdt v. State, 891 P.2d 793 (Wyo.1995).

11
Arner v. Stategreen
wyo · 1994 · cited in 1 Wyoming opinions naming this issue, 1997–1997
1 sentence

1997Strickland.” Amer v. State, 872 P.2d 100, 104 (Wyo.1994) (quoting Dickeson v. State, 843 P.2d 606, 609 (Wyo.1992)); see also Herdt v. State, 891 P.2d 793 (Wyo.1995).

11
Gist v. Stategreen
wyo · 1987 · cited in 1 Wyoming opinions naming this issue, 1995–1995
1 sentence

1995In Gist v. State, 737 P.2d 336, 342 (Wyo.1987), we stated: “We invoke a strong presumption that counsel rendered adequate and reasonable assistance making all decisions within the bounds of reasonable professional judgment.” The burden is upon the defendant to overcome this presumption.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Ingersoll v. State green
wyo · 2004
2 sentences

2008Id. [¶11] The standard for withdrawing a guilty plea is governed by W.R.Cr.P. 32(d).

2006Id. *273 DISCUSSION 1.

22006–2008

Statutes the citing opinions construe

WY § Wyo. Stat. § 6-2-101 (4) WY § Wyo. Stat. § 6-2-303 (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 35 (1986–2023) WY 23 (1993–2011) IL 21 (2011–2026) IN 11 (2000–2014) OH 7 (1975–2025) NY 7 (1870–2024) NC 6 (1983–2021) AL 6 (1988–1997) WA 5 (1920–1994) VA 5 (1904–2008) KY 4 (1931–1956) GA 4 (1930–1999) IA 4 (1878–1983) MO 3 (1950–2025) KS 3 (2007–2011) PA 3 (1921–2016) ID 3 (1999–2014) MI 3 (2016–2018) LA 3 (1973–2010) CO 2 (1971–2012) FL 2 (1996–2012) CA 2 (1914–1916) VT 2 (2020–2021) NE 2 (1896–1898) NJ 2 (1928–1994) MT 2 (1990–2023) TN 2 (2019–2020)

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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