has adopted standard in Rhode Island

22 Rhode Island opinions name it 2 courts 1981–2011 0 in the last five years

The cases below were cited by Rhode Island 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 (16)

Case	Followed	Cited
Powers v. Stategreen ri · 1999 · cited in 7 Rhode Island opinions naming this issue, 2009–2011 2 sentences 2011Analysis "This Court has adopted the standard announced by the United States Supreme Court in Strickland v. Washington , 466 U.S. 668 (1984) when generally reviewing claims of ineffective assistance of counsel." Rodrigues v. State , 985 A.2d 311 , 315 (R.I. 2009) (quoting Powers v. State , 734 A.2d 508 , 521 (R.I. 1999)). 2011The Rhode Island Supreme Court has been even more specific in addressing ineffective assistance of counsel in a post conviction context: This Court has adopted the standard announced by the United States Supreme Court in Strickland v. Washington , [ 466 U.S. 668 , 104 S. Ct. 2052 , 80 L.Ed.2d 674 (1984)] when generally reviewing claims of ineffective assistance of counsel." Rodrigues , 985 A.2d at 315 (quoting Powers v. State , 734 A.2d 508 , 521 (R.I. 1999)).	4	7
Brown v. Morangreen ri · 1987 · cited in 2 Rhode Island opinions naming this issue, 1996–2003 2 sentences 2003When reviewing claims of ineffective assistance of counsel, this Court has adopted the standard announced by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); LaChappelle v. State, 686 A.2d 924, 926-27 (R.I.1996) (per curiam) (citing Brown v. Moran, 534 A.2d 180, 182 (R.I.1987)). 1996Brown, 534 A.2d at 182 (adopting Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)).	2	2
Strickland v. Washingtongreen scotus · 1984 · cited in 16 Rhode Island opinions naming this issue, 1996–2011 2 sentences 2011Analysis "This Court has adopted the standard announced by the United States Supreme Court in Strickland v. Washington , 466 U.S. 668 (1984) when generally reviewing claims of ineffective assistance of counsel." Rodrigues v. State , 985 A.2d 311 , 315 (R.I. 2009) (quoting Powers v. State , 734 A.2d 508 , 521 (R.I. 1999)). 2011The Rhode Island Supreme Court has been even more specific in addressing ineffective assistance of counsel in a post conviction context: This Court has adopted the standard announced by the United States Supreme Court in Strickland v. Washington , [ 466 U.S. 668 , 104 S. Ct. 2052 , 80 L.Ed.2d 674 (1984)] when generally reviewing claims of ineffective assistance of counsel." Rodrigues , 985 A.2d at 315 (quoting Powers v. State , 734 A.2d 508 , 521 (R.I. 1999)).	1	16
Rodrigues v. Stategreen ri · 2009 · cited in 3 Rhode Island opinions naming this issue, 2010–2011 2 sentences 2011Analysis “This Court has adopted the standard announced by the United States Supreme Court in Strickland v. Washington, [ 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) ] when generally reviewing claims of ineffective assistance of counsel.” Rodrigues, 985 A.2d at 315 (quoting Powers v. State, 734 A.2d 508, 521 (R.I.1999)). 2011Analysis "This Court has adopted the standard announced by the United States Supreme Court in Strickland v. Washington , 466 U.S. 668 (1984) when generally reviewing claims of ineffective assistance of counsel." Rodrigues v. State , 985 A.2d 311 , 315 (R.I. 2009) (quoting Powers v. State , 734 A.2d 508 , 521 (R.I. 1999)).	1	3
LaChappelle v. Stategreen ri · 1996 · cited in 3 Rhode Island opinions naming this issue, 1999–2009 2 sentences 2009“This Court has adopted the standard announced by the United States Supreme Court in Strickland v. Washington, [ 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 * * * (1984)] when generally reviewing claims of ineffective assistance of counsel.” Powers, 734 A.2d at 521 -22 (quoting LaChappelle, 686 A.2d at 926 ). 2003When reviewing claims of ineffective assistance of counsel, this Court has adopted the standard announced by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); LaChappelle v. State, 686 A.2d 924, 926-27 (R.I.1996) (per curiam) (citing Brown v. Moran, 534 A.2d 180, 182 (R.I.1987)).	1	3
Bustamante v. Wallgreen ri · 2005 · cited in 2 Rhode Island opinions naming this issue, 2005–2010 2 sentences 2010Standard of Review The Rhode Island Supreme Court has determined that the state constitutional guarantee of effective assistance of counsel is essentially co-extensive with the federal guarantee articulated by the United States Supreme Court in Strickland v. Washington , 466 U.S. 668 (1984). Page 12 Bustamante v. Wall , 866 A.2d 516 , 522 (R.I. 2005) ("When reviewing claims of ineffective assistance of counsel, this Court has adopted the standard enunciated in Strickland . . . ."). 5 Strickland established a two-pronged test in which the defendant first must prove that "counsel's performance 2005*The Strickland test requires a defendant to show (1) ‘that counsel’s performance was deficient, to the point that the errors were so serious that trial counsel did not function at the level guaranteed by the Sixth Amendment,’ and (2) ‘that such deficient performance was so prejudicial to the defense and the errors were so serious as to amount to a deprivation of the applicant’s right to a fair trial.’ ” Bustamante, 866 A.2d at 522 (quoting Brennan v. Vose, 764 A.2d 168, 171 (R.I.2001)).	1	2
Tarvis v. Morangreen ri · 1988 · cited in 1 Rhode Island opinions naming this issue, 2006–2006 1 sentence 2006See Tarvis v. Moran, 551 A.2d 699, 700 (R.I.1988); see also Brown v. State, 702 A.2d 1171, 1171 (R.I.1997) (mem.); Hughes v. State, 656 A.2d 971, 971-72 (R.I.1995).	1	1
Brown v. Stategreen ri · 1997 · cited in 1 Rhode Island opinions naming this issue, 2006–2006 1 sentence 2006See Tarvis v. Moran, 551 A.2d 699, 700 (R.I.1988); see also Brown v. State, 702 A.2d 1171, 1171 (R.I.1997) (mem.); Hughes v. State, 656 A.2d 971, 971-72 (R.I.1995).	1	1
Hughes v. Stategreen ri · 1995 · cited in 1 Rhode Island opinions naming this issue, 2006–2006 1 sentence 2006See Tarvis v. Moran, 551 A.2d 699, 700 (R.I.1988); see also Brown v. State, 702 A.2d 1171, 1171 (R.I.1997) (mem.); Hughes v. State, 656 A.2d 971, 971-72 (R.I.1995).	1	1
Brennan v. Vosegreen ri · 2001 · cited in 1 Rhode Island opinions naming this issue, 2005–2005 1 sentence 2005The Strickland test requires a defendant to show (1) ‘that counsel’s performance was deficient, to the point that the errors were so serious that trial counsel did not function at the level guaranteed by the Sixth Amendment,’ and (2) ‘that such deficient performance was so prejudicial to the defense and the errors were so serious as to amount to a deprivation of the applicant’s right to a fair trial.’ ” Bustamante, 866 A.2d at 522 (quoting Brennan v. Vose, 764 A.2d 168, 171 (R.I.2001)).	1	1
State v. Figueroagreen ri · 1994 · cited in 1 Rhode Island opinions naming this issue, 2003–2003 1 sentence 2003Under this criterion, the court “must be persuaded that counsel’s performance was deficient and that the deficient performance prejudiced that defendant to such a degree that he was deprived of effective assistance of counsel.” State v. Figueroa, 639 A.2d 495, 500 (R.I.1994) (citing Strickland, 466 U.S. at 687-88 , 104 S.Ct. at 2064-65 , 80 L.Ed.2d at 693 ).	1	1
State v. Squillantegreen ri · 1993 · cited in 1 Rhode Island opinions naming this issue, 2001–2001 1 sentence 2001See State v. Squillante, 622 A.2d 474, 479 (R.I.1993) (adopting the test in Delaware v. Van Arsdall, 475 U.S. 673, 684 , 106 S.Ct. 1431, 1438 , 89 L.Ed.2d 674, 686-87 (1986)).	1	1
Delaware v. Van Arsdallgreen scotus · 1986 · cited in 1 Rhode Island opinions naming this issue, 2001–2001 2 sentences 2001See State v. Squillante, 622 A.2d 474, 479 (R.I.1993) (adopting the test in Delaware v. Van Arsdall, 475 U.S. 673, 684 , 106 S.Ct. 1431, 1438 , 89 L.Ed.2d 674, 686-87 (1986)). 2001See State v. Squillante, 622 A.2d 474, 479 (R.I.1993) (adopting the test in Delaware v. Van Arsdall, 475 U.S. 673, 684 , 106 S.Ct. 1431, 1438 , 89 L.Ed.2d 674, 686-87 (1986)).	1	1
Rhode Island Depositors Economic Protection Corp. v. Ryangreen ri · 1997 · cited in 1 Rhode Island opinions naming this issue, 1997–1997 1 sentence 1997Corp., 484 U.S. 86 , 108 S.Ct. 396 , 98 L.Ed.2d 340 (1987), with respect to 12 U.S.C. § 1823 (e), that “any alleged agreement, including alleged implied agreements sought to be enforced against a banking institution receiver, be supported by some explicit writing in the bank’s official records or by an express written agreement between the banking institution and the claimant.” Rhode Island Depositors Economic Protection Corp. v. P. Alan Ryan, 697 A.2d 1087, 1095 (R.I.1997) (quoting Paradis, 677 A.2d at 1343 ).	1	1
Jerard M. Brune v. Internal Revenue Servicegreen cadc · 1988 · cited in 1 Rhode Island opinions naming this issue, 1995–1995 1 sentence 1995In reviewing a decision of a trial justice in granting a party’s motion for a protective order, this court has adopted the standard followed in the federal courts, namely, a trial court has “ ‘broad discretion’ in its handling of discovery, and its decision to allow or deny discovery is reviewable only for abuse of discretion.” Bashforth v. Zampini, 576 A.2d 1197, 1201 (R.I.1990) (quoting *684 Brune v. Internal Revenue Service, 861 F.2d 1284, 1288 (D.C.Cir.1988)).	1	1
Bashforth v. Zampinigreen ri · 1990 · cited in 1 Rhode Island opinions naming this issue, 1995–1995 1 sentence 1995In reviewing a decision of a trial justice in granting a party’s motion for a protective order, this court has adopted the standard followed in the federal courts, namely, a trial court has “ ‘broad discretion’ in its handling of discovery, and its decision to allow or deny discovery is reviewable only for abuse of discretion.” Bashforth v. Zampini, 576 A.2d 1197, 1201 (R.I.1990) (quoting *684 Brune v. Internal Revenue Service, 861 F.2d 1284, 1288 (D.C.Cir.1988)).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
State v. Day green ri · 2006 1 sentence 2010This Court has adopted the presumption that “juries are able to respond impartially to the trial evidence with the assistance given by instructions from the trial justice.” Day, 898 A.2d at 705 (quoting State v. LaRoche, 688 A.2d 989 , 998 (R.I.1996)).	1	2010–2010
Paradis v. Greater Providence Deposit Corp. green ri · 1996 1 sentence 1997Corp., 484 U.S. 86 , 108 S.Ct. 396 , 98 L.Ed.2d 340 (1987), with respect to 12 U.S.C. § 1823 (e), that “any alleged agreement, including alleged implied agreements sought to be enforced against a banking institution receiver, be supported by some explicit writing in the bank’s official records or by an express written agreement between the banking institution and the claimant.” Rhode Island Depositors Economic Protection Corp. v. P. Alan Ryan, 697 A.2d 1087, 1095 (R.I.1997) (quoting Paradis, 677 A.2d at 1343 ).	1	1997–1997
Langley v. Federal Deposit Insurance green scotus · 1987 2 sentences 1997Corp., 484 U.S. 86 , 108 S.Ct. 396 , 98 L.Ed.2d 340 (1987), with respect to 12 U.S.C. § 1823 (e), that “any alleged agreement, including alleged implied agreements sought to be enforced against a banking institution receiver, be supported by some explicit writing in the bank’s official records or by an express written agreement between the banking institution and the claimant.” Rhode Island Depositors Economic Protection Corp. v. P. Alan Ryan, 697 A.2d 1087, 1095 (R.I.1997) (quoting Paradis, 677 A.2d at 1343 ). 1997Corp., 484 U.S. 86 , 108 S.Ct. 396 , 98 L.Ed.2d 340 (1987), with respect to 12 U.S.C. § 1823 (e), that “any alleged agreement, including alleged implied agreements sought to be enforced against a banking institution receiver, be supported by some explicit writing in the bank’s official records or by an express written agreement between the banking institution and the claimant.” Rhode Island Depositors Economic Protection Corp. v. P. Alan Ryan, 697 A.2d 1087, 1095 (R.I.1997) (quoting Paradis, 677 A.2d at 1343 ).	1	1997–1997
State v. Texter green ri · 1991 1 sentence 1996Texter, 594 A.2d at 378 (citing Van Arsdall, supra).	1	1996–1996
Tate v. Howard green ri · 1972 2 sentences 1981Tate v. Howard, 110 R.I. 641 , 296 A.2d 19 (1972). 1981Tate v. Howard, 110 R.I. 641 , 296 A.2d 19 (1972).	1	1981–1981
Barker v. Wingo green scotus · 1972 2 sentences 1981Although none of these factors,, alone, was intended to be “a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial,” Barker v. Wingo, 407 U.S. at 533 , 92 S.Ct. at 2193 , 33 L.Ed.2d at 118 , this court has adopted these factors as guidelines in determining whether an accused’s constitutional right to a speedy trial has been violated. 1981Although none of these factors,, alone, was intended to be “a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial,” Barker v. Wingo, 407 U.S. at 533 , 92 S.Ct. at 2193 , 33 L.Ed.2d at 118 , this court has adopted these factors as guidelines in determining whether an accused’s constitutional right to a speedy trial has been violated.	1	1981–1981

Statutes the citing opinions construe

RI § R.I. Gen. Laws § 10-9.1-1 (5) RI § R.I. Gen. Laws § 11-23-1 (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

MS 37 (1953–2023) WA 30 (1900–2019) RI 22 (1981–2011) OK 21 (1920–2004) AR 21 (1898–2019) MT 20 (1890–2025) WI 17 (1909–2005) KY 17 (1915–1977) NE 17 (1906–2024) IL 15 (1902–2024) ID 14 (1949–2020) AL 14 (1889–2005) OH 13 (1991–2024) LA 13 (1932–1991) PA 13 (1963–2025) TX 12 (1974–2022) MI 11 (1894–2023) MD 11 (1910–2023) MN 11 (1901–1997) WV 11 (1946–2013) OR 10 (1900–1987) DC 10 (1991–2024) NC 9 (1931–2019) NJ 7 (1996–2024) IN 7 (1885–2004) HI 7 (1988–2019) VT 7 (1998–2020) SD 6 (1905–1995) MO 6 (1911–2003) AZ 6 (1911–1988) IA 5 (1882–1939) CT 5 (1987–2006) ND 4 (1970–2021) UT 4 (1920–1992) CO 4 (1987–2002) KS 4 (1933–2018) CA 4 (1891–1991) NY 4 (1928–2014) NH 3 (1970–1980) VI 3 (2013–2025) FL 3 (1959–1995) WY 2 (1986–1987) DE 2 (1991–2017) TN 2 (1922–1957) MA 2 (1986–2019) GA 2 (1928–1985) NV 2 (1973–2012) AK 2 (2017–2017) NM 2 (1974–1977)

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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