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747 Washington opinions name it 2 courts 1986–2026 190 in the last five years
The cases below were cited by Washington 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 |
|---|---|---|
Strickland v. Washingtongreen2 sentences2026Prejudice in the context of an ineffective assistance of counsel claim occurs when the deficiencies are “‘so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.’” Hendrickson, 129 Wn.2d at 78 (quoting Strickland, 466 U.S. at 687). 2025We disagree. 5 Typically, a defendant brings an ineffective assistance of counsel claim under Strickland v. Washington, 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984). | 22 | 276 |
State v. McFarlandgreen2 sentences2020We review ineffective assistance claims de novo.31 “To prevail on an ineffective assistance of counsel claim, the defendant must show that (1) defense counsel’s representation was deficient in that it fell below an objective standard of reasonableness and (2) the deficient performance prejudiced the defendant.”32 The reasonableness inquiry presumes effective representation and requires the defendant to show the absence of legitimate strategic or tactical reasons for the 30 Id. at 268-69 . 31 State v. Sutherby, 165 Wn.2d 870, 883 , 204 P.3d 916 (2009). 32 Id. (citing State v. McFarland, 127 Wn. 2020We review ineffective assistance claims de novo.31 “To prevail on an ineffective assistance of counsel claim, the defendant must show that (1) defense counsel’s representation was deficient in that it fell below an objective standard of reasonableness and (2) the deficient performance prejudiced the defendant.”32 The reasonableness inquiry presumes effective representation and requires the defendant to show the absence of legitimate strategic or tactical reasons for the 30 Id. at 268-69 . 31 State v. Sutherby, 165 Wn.2d 870, 883 , 204 P.3d 916 (2009). 32 Id. (citing State v. McFarland, 127 Wn. | 11 | 81 |
State v. Estesgreen2 sentences2025See State v. Estes, 188 Wn.2d 450 , 457-58, 395 P.3d 1045 (2017) (stating that for an ineffective assistance of counsel claim, the defendant must demonstrate deficient performance and prejudice). 2025See State v. Estes, 188 Wn.2d 450 , 457-58, 395 P.3d 1045 (2017) (stating that for an ineffective assistance of counsel claim, the defendant must demonstrate deficient performance and prejudice). | 8 | 26 |
State v. Griergreen2 sentences2025To establish prejudice, the defendant must show that “ ‘there is a reasonable probability that, but for counsel’s deficient performance, the outcome of the proceedings would have been different.’ ” Grier, 171 Wn.2d at 34 (quoting State v. Kyllo, 166 Wn.2d 856, 862 , 215 P.3d 177 8 Introducing such evidence when the State has already presented evidence of the element may not be grounds for an ineffective assistance of counsel claim, but that is not what happened in this case. 2021See, e.g., Grier, 171 Wn.2d at 20 (holding that the defense counsel’s “all or nothing” approach was a legitimate trial tactic and did not constitute ineffective assistance of counsel); In re Det. of Strand, 139 Wn. App. 904 , 913, 16 P.3d 1195 (2007) (holding that a defendant’s decision to later testify is a tactical decision and cannot be the basis for an ineffective assistance of counsel claim). | 7 | 125 |
State v. Vazquezgreen2 sentences2025Trial counsel’s decision about when, and how, to object is a “classic example of trial tactics.” State v. Vazquez, 198 Wn.2d 239 , 248, 494 P.3d 424 (2021). 17 In considering an ineffective assistance of counsel claim, we engage in a strong presumption that counsel’s representation was effective. 2025Trial counsel’s decision about when, and how, to object is a “classic example of trial tactics.” State v. Vazquez, 198 Wn.2d 239 , 248, 494 P.3d 424 (2021). 17 In considering an ineffective assistance of counsel claim, we engage in a strong presumption that counsel’s representation was effective. | 3 | 8 |
| Weaver v. Massachusettsgreen | 3 | 3 |
State v. Hendricksonred2 sentences2021State v. Hendrickson, 129 Wn.2d 61, 78 , 917 P.2d 563 (1996) (if either part of the ineffective assistance of counsel test is not satisfied, we are not required to address the remaining part of the test). 14 No. 53938-1-II (Consol. with 53948-9-II) Because Phillips was properly advised of the statutory sentencing maximum for his offenses and the trial court did not abuse its discretion when it concluded that Phillips’s counsel’s representation was not deficient, we affirm. 2021State v. Hendrickson, 129 Wn.2d 61, 78 , 917 P.2d 563 (1996) (if either part of the ineffective assistance of counsel test is not satisfied, we are not required to address the remaining part of the test). 14 No. 53938-1-II (Consol. with 53948-9-II) Because Phillips was properly advised of the statutory sentencing maximum for his offenses and the trial court did not abuse its discretion when it concluded that Phillips’s counsel’s representation was not deficient, we affirm. | 2 | 26 |
In re the Personal Restraint of Cracegreen2 sentences2026Crace, 174 Wn.2d at 847 (A petitioner must satisfy both prongs of the ineffective assistance of counsel test.). 2025Crace, 174 Wn.2d at 847 (A petitioner must satisfy both prongs of the ineffective assistance of counsel test.). | 2 | 23 |
State v. Thomasgreen2 sentences2018State v. Jones , 183 Wash.2d 327 , 338, 352 P.3d 776 (2015). ¶35 An ineffective assistance of counsel claim entails a two-pronged inquiry in which the defendant must show (1) counsel's performance was deficient and (2) " 'the deficient performance prejudiced the defense.' " State v. Grier , 171 Wash.2d 17 , 32-33, 246 P.3d 1260 (2011) (quoting State v. Thomas , 109 Wash.2d 222 , 225-226, 743 P.2d 816 (1987) ), cert. denied , --- U.S. ----, 135 S.Ct. 153 , 190 L.Ed.2d 112 (2014). 2018State v. Jones , 183 Wash.2d 327 , 338, 352 P.3d 776 (2015). ¶35 An ineffective assistance of counsel claim entails a two-pronged inquiry in which the defendant must show (1) counsel's performance was deficient and (2) " 'the deficient performance prejudiced the defense.' " State v. Grier , 171 Wash.2d 17 , 32-33, 246 P.3d 1260 (2011) (quoting State v. Thomas , 109 Wash.2d 222 , 225-226, 743 P.2d 816 (1987) ), cert. denied , --- U.S. ----, 135 S.Ct. 153 , 190 L.Ed.2d 112 (2014). | 2 | 20 |
Matter of Personal Restraint of Ricegreen2 sentences2022Unlike in Jackson, Wamba here makes an ineffective assistance of counsel claim, which requires him to show prejudice, see Rice, 118 Wn.2d at 885 , and does so through collateral review, which also places the burden of establishing prejudice on Wamba. 2012So does In re Personal Restraint of Rice, 118 Wn.2d 876 , 828 P.2d 1086 (1992), upon which the State heavily relies. 4 Contrary to the State’s description of Rice, it is simply one of many cases in which this court employed the “reasonable probability” prejudice standard in resolving an ineffective assistance of counsel claim in a personal restraint petition. | 2 | 5 |
| State v. Garrettgreen | 2 | 4 |
| State v. Brettgreen | 2 | 2 |
| Visciotti v. Woodfordred | 2 | 2 |
| State v. Colemangreen | 2 | 2 |
| Omar Blanco, Cross-Appellant v. Harry K. Singletary, as Secretary, Department of Corrections, State of Florida, Cross-Appelleegreen | 2 | 2 |
| United States v. Ronald Hamilton, AKA Seal Ogreen | 2 | 2 |
| State v. Griergreen | 2 | 2 |
| State v. Jurygreen | 2 | 2 |
| State v. Pittmanyellow | 2 | 2 |
State v. McNealgreen2 sentences2025When reviewing an ineffective assistance of counsel claim, there is a strong presumption that counsel’s representation was “adequate, and exceptional deference must be given when evaluating counsel’s strategic decisions.” McNeal, 145 Wn.2d at 362 . 2021When reviewing an ineffective assistance of counsel claim, there is a strong presumption that counsel’s representation -4- was “adequate, and exceptional deference must be given when evaluating counsels strategic decisions.” McNeal, 145 Wn.2d at 362 . 1. | 1 | 30 |
State v. Bertrandgreen2 sentences2026State v. Bertrand, 3 Wn.3d 116, 128 , 546 P.3d 1020 (2024); Strickland v. Washington, 466 U.S. 668, 687-88, 694 , 104 S. Ct. 2052 , 80 L. 2026Id. | 1 | 18 |
In re the Personal Restraint of Davisgreen2 sentences2021See Davis, 152 Wn.2d at 673 (noting the requirement of an individualized inquiry into defense counsel’s performance when considering an ineffective assistance of counsel claim). 2015"A failure to establish either element of the test defeats the ineffective assistance of counsel claim." Id. | 1 | 14 |
Grier v. Washingtongreen2 sentences2018State v. Jones , 183 Wash.2d 327 , 338, 352 P.3d 776 (2015). ¶35 An ineffective assistance of counsel claim entails a two-pronged inquiry in which the defendant must show (1) counsel's performance was deficient and (2) " 'the deficient performance prejudiced the defense.' " State v. Grier , 171 Wash.2d 17 , 32-33, 246 P.3d 1260 (2011) (quoting State v. Thomas , 109 Wash.2d 222 , 225-226, 743 P.2d 816 (1987) ), cert. denied , --- U.S. ----, 135 S.Ct. 153 , 190 L.Ed.2d 112 (2014). 2018State v. Jones , 183 Wash.2d 327 , 338, 352 P.3d 776 (2015). ¶35 An ineffective assistance of counsel claim entails a two-pronged inquiry in which the defendant must show (1) counsel's performance was deficient and (2) " 'the deficient performance prejudiced the defense.' " State v. Grier , 171 Wash.2d 17 , 32-33, 246 P.3d 1260 (2011) (quoting State v. Thomas , 109 Wash.2d 222 , 225-226, 743 P.2d 816 (1987) ), cert. denied , --- U.S. ----, 135 S.Ct. 153 , 190 L.Ed.2d 112 (2014). | 1 | 11 |
State v. Linvillegreen2 sentences2026State v. K.A.B., 14 Wn. App. 2d 677 , 707, 475 P.3d 216 (2020) (citing State v. Linville, 191 Wn.2d 513 , 518, 423 P.3d 842 (2018)). 2026State v. K.A.B., 14 Wn. App. 2d 677 , 707, 475 P.3d 216 (2020) (citing State v. Linville, 191 Wn.2d 513 , 518, 423 P.3d 842 (2018)). | 1 | 9 |
State v. Gerdtsgreen2 sentences2025See Gerdts, 136 Wn. App. at 727 (holding that an appellant “must first show that if his counsel had objected to the [] instruction on [the challenged] grounds, these objections would likely have been successful” for an ineffective assistance of counsel claim related to a failure to object to jury instructions). 2024Further, when an ineffective assistance of counsel claim is based on a failure to object, the defendant must show that the objection “would likely have been successful.” State v. Gerdts, 136 Wn. | 1 | 8 |
| Snohomish County v. T.A.H.-L.green | 1 | 3 |
| State v. Hortongreen | 1 | 3 |
| State v. Ahogreen | 1 | 3 |
| State v. Rayyellow | 1 | 2 |
| In re the Personal Restraint of Haghighigreen | 1 | 2 |
| State v. Grottgreen | 1 | 2 |
| State v. Fishergreen | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Sutherby
green
2 sentences2021State v. Sutherby, 165 Wn.2d 870, 883 , 204 P.3d 916 (2009). 18 To prevail on an ineffective assistance of counsel claim, the defendant must show that (1) counsel’s performance was deficient and (2) counsel’s deficient performance prejudiced the defense. 2021State v. Sutherby, 165 Wn.2d 870, 883 , 204 P.3d 916 (2009). 18 To prevail on an ineffective assistance of counsel claim, the defendant must show that (1) counsel’s performance was deficient and (2) counsel’s deficient performance prejudiced the defense. | 29 | 2013–2026 |
State v. Kyllo
green
2 sentences2025To establish prejudice, the defendant must show that “ ‘there is a reasonable probability that, but for counsel’s deficient performance, the outcome of the proceedings would have been different.’ ” Grier, 171 Wn.2d at 34 (quoting State v. Kyllo, 166 Wn.2d 856, 862 , 215 P.3d 177 8 Introducing such evidence when the State has already presented evidence of the element may not be grounds for an ineffective assistance of counsel claim, but that is not what happened in this case. 2025To establish prejudice, the defendant must show that “ ‘there is a reasonable probability that, but for counsel’s deficient performance, the outcome of the proceedings would have been different.’ ” Grier, 171 Wn.2d at 34 (quoting State v. Kyllo, 166 Wn.2d 856, 862 , 215 P.3d 177 8 Introducing such evidence when the State has already presented evidence of the element may not be grounds for an ineffective assistance of counsel claim, but that is not what happened in this case. | 17 | 2016–2026 |
State Of Washington v. Darrell D. Classen
green
2 sentences2023Where an ineffective assistance of counsel claim “is based on counsel’s failure to request a particular jury instruction, the defendant must show he was entitled to the instruction, counsel’s performance was deficient in failing to request it, and the failure to request the instruction caused prejudice.” State v. Classen, 4 Wn. App. 2d 520 , 539-40, 422 P.3d 489 (2018). 2021Because both prongs of the ineffective assistance of counsel test must be met for appellate relief to be warranted, the failure to demonstrate either prong ends our inquiry.3 State v. Classen, 4 Wn. App. 2d 520, 535, 422 P.3d 489 (2018). | 16 | 2019–2026 |
State v. Foster
green
2 sentences2016State v. Foster, 140 Wn. 2015Restraint of Crace. 174Wn.2d 835, 846-47, 280 P.3d 1102 (2012). 5 No. 73278-1-1/6 The right to counsel includes the right to effective assistance of counsel.35 An ineffective assistance of counsel claim has two components.36 Ifa defendant cannot demonstrate either component, the ineffective assistance of counsel claim fails.37 First, the defendant must show that counsel's performance was deficient.38 This requirement involves showing that counsel's performance "fell below an objective standard of reasonableness."39 Judicial scrutiny of counsel's performance is "highly deferential."40 We make e | 16 | 2014–2016 |
State Of Washington v. K.A.B.
neutral
2 sentences2026State v. K.A.B., 14 Wn. App. 2d 677 , 707-08, 475 P.3d 216 (2020). b. 2026State v. K.A.B., 14 Wn. App. 2d. 677, 707, 475 P.3d 216 (2020). | 13 | 2024–2026 |
State v. White
green
2 sentences2023App. 406, 410 , 907 P.2d 310 (1995). 5 No. 38911-1-III State v. Burnett To succeed on an ineffective assistance of counsel claim, a defendant bears the burden of showing (1) that his or her counsel’s performance fell below an objective standard of reasonableness based on consideration of all the circumstances and, if so, (2) that there is a reasonable probability that but for counsel’s poor performance, the outcome of the proceedings would have been different. 2018State v. White, 80 Wn. | 10 | 2001–2023 |
State v. Reichenbach
green
2 sentences2020To rebut the strong presumption that counsel's performance was effective, “the defendant bears the burden of establishing the absence of any ‘conceivable legitimate tactic explaining counsel’s performance.’ ” State v. Grier, 171 Wn.2d 17, 42 , 246 P.3d 1260 (2011) (quoting State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004)). 33 The “reasonable probability” standard for prejudice in an ineffective assistance of counsel claim on direct appeal is not precisely the same as the “actual and substantial prejudice” standard in a PRP. 2020To rebut the strong presumption that counsel's performance was effective, “the defendant bears the burden of establishing the absence of any ‘conceivable legitimate tactic explaining counsel’s performance.’ ” State v. Grier, 171 Wn.2d 17, 42 , 246 P.3d 1260 (2011) (quoting State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004)). 33 The “reasonable probability” standard for prejudice in an ineffective assistance of counsel claim on direct appeal is not precisely the same as the “actual and substantial prejudice” standard in a PRP. | 9 | 2007–2020 |
Carey v. Musladin
green
2 sentences2025State v. Hendrickson, 129 Wn.2d 61, 78 , 917 P.2d 563 (1996), overruled on other grounds by Carey v. Musladin, 549 U.S. 70 , 127 S. Ct. 649 , 166 L. 2013Here, Knight 2 2 2 encompasses her sentencing challenge within an ineffective assistance of counsel claim. 26 Overruled on other grounds by Carey v. Musladin, 549 U. .79, 127 S. Ct. 649 , 166 L.Ed. 2d S 482 ( 006). 2 19 No. 42130 5 II - - B. | 6 | 2013–2025 |
State v. McLean
green
2 sentences2021State v. McLean, 178 Wn. App. 236, 246 , 313 P.3d 1181 (2013), review denied, 179 Wn.2d 1026 (2014) To prevail on an ineffective assistance of counsel claim, the defendant must show that (1) counsel’s performance was deficient and (2) counsel’s deficient performance prejudiced the defense. 2021State v. McLean, 178 Wn. App. 236, 246 , 313 P.3d 1181 (2013), review denied, 179 Wn.2d 1026 (2014) To prevail on an ineffective assistance of counsel claim, the defendant must show that (1) counsel’s performance was deficient and (2) counsel’s deficient performance prejudiced the defense. | 6 | 2016–2021 |
State v. Studd
green
2 sentences2018Thus we do not even reach the second part of the test, where Bennett would have had to also prove that "defense counsel's deficient representation prejudiced the defendant, i.e., there is a reasonable probability that, except for counsel's unprofessional errors, the result of the proceeding would have been different." Studd, 137 Wn.2d at 551 (quoting McFarland, 127 Wn.2d at 235 ). 2014Studd, 137 Wn.2d at 550 -51. | 6 | 2005–2018 |
State v. Crawford
green
2 sentences2015Restraint of Crace. 174Wn.2d 835, 846-47, 280 P.3d 1102 (2012). 5 No. 73278-1-1/6 The right to counsel includes the right to effective assistance of counsel.35 An ineffective assistance of counsel claim has two components.36 Ifa defendant cannot demonstrate either component, the ineffective assistance of counsel claim fails.37 First, the defendant must show that counsel's performance was deficient.38 This requirement involves showing that counsel's performance "fell below an objective standard of reasonableness."39 Judicial scrutiny of counsel's performance is "highly deferential."40 We make e 2015Restraint of Crace. 174Wn.2d 835, 846-47, 280 P.3d 1102 (2012). 5 No. 73278-1-1/6 The right to counsel includes the right to effective assistance of counsel.35 An ineffective assistance of counsel claim has two components.36 Ifa defendant cannot demonstrate either component, the ineffective assistance of counsel claim fails.37 First, the defendant must show that counsel's performance was deficient.38 This requirement involves showing that counsel's performance "fell below an objective standard of reasonableness."39 Judicial scrutiny of counsel's performance is "highly deferential."40 We make e | 5 | 2015–2026 |
State v. Jones
green
2 sentences2018State v. Jones , 183 Wash.2d 327 , 338, 352 P.3d 776 (2015). ¶35 An ineffective assistance of counsel claim entails a two-pronged inquiry in which the defendant must show (1) counsel's performance was deficient and (2) " 'the deficient performance prejudiced the defense.' " State v. Grier , 171 Wash.2d 17 , 32-33, 246 P.3d 1260 (2011) (quoting State v. Thomas , 109 Wash.2d 222 , 225-226, 743 P.2d 816 (1987) ), cert. denied , --- U.S. ----, 135 S.Ct. 153 , 190 L.Ed.2d 112 (2014). 2018State v. Jones , 183 Wash.2d 327 , 338, 352 P.3d 776 (2015). ¶35 An ineffective assistance of counsel claim entails a two-pronged inquiry in which the defendant must show (1) counsel's performance was deficient and (2) " 'the deficient performance prejudiced the defense.' " State v. Grier , 171 Wash.2d 17 , 32-33, 246 P.3d 1260 (2011) (quoting State v. Thomas , 109 Wash.2d 222 , 225-226, 743 P.2d 816 (1987) ), cert. denied , --- U.S. ----, 135 S.Ct. 153 , 190 L.Ed.2d 112 (2014). | 5 | 2018–2024 |
State Of Washington v. Kevin Lee Estes
green
2 sentences2022State v. Estes, 193 Wn. 2021To prevail on an ineffective assistance of counsel claim, the defendant must demonstrate “both (1) that defense counsel’s representation was deficient and (2) that the 13 No. 37418-1-III State v. Alvarez deficient representation prejudiced the defendant.” State v. Estes, 193 Wn. | 5 | 2021–2022 |
State v. Emery
green
2 sentences2026State v. Classen, 4 Wn. App. 2d 520 , 535, 422 P.3d 489 (2018). 9 “Courts strongly presume that counsel’s representation was effective.” State v. Emery, 174 Wn.2d 741, 755 , 278 P.3d 653 (2012). 2025To win an ineffective assistance of counsel claim, a defendant “must show that counsel’s performance was objectively deficient and resulted in prejudice.” Emery, 174 Wn.2d at 755 . | 4 | 2017–2026 |
| State v. Borsheim green | 4 | 2021–2024 |
State v. ANJ
green
2 sentences2024In the context of an ineffective assistance of counsel claim, misinformation about the collateral consequences of a guilty plea can form the basis for withdrawing a guilty plea if the consequence is “ ‘of an unquestionable serious nature.’ ” A.N.J., 168 Wn.2d at 116 (quoting Stowe, 71 Wn. 2015Though generally we review a trial court's denial of a defendant's motion to withdraw a guilty plea for abuse of discretion, because Cox rests his challenge on an ineffective assistance of counsel claim, we review de novo.2 The federal and state constitutions guarantee criminal defendants reasonably effective assistance of counsel at every critical stage of a criminal proceeding.3 Effective assistance requires that defense counsel assist a defendant in making an informed decision about whether to plead guilty or go to trial.4 A defendant must voluntarily enter into a guilty plea and "must make | 4 | 2014–2024 |
| In Re The Detention Of Richard Hatfield green | 4 | 2021–2024 |
| State v. Humphries green | 4 | 2015–2017 |
| State v. Jeffries green | 4 | 2013–2015 |
| State v. Cross yellow | 4 | 2009–2011 |
| State v. S.M. green | 4 | 2003–2009 |
| State v. Benn green | 4 | 2006–2006 |
| State v. Powell green | 3 | 2013–2023 |
| In re the Personal Restraint of Khan green | 3 | 2019–2023 |
| In re Pers. Restraint of Khan green | 3 | 2019–2023 |
| In Re Brett green | 3 | 2013–2020 |
| State v. Saunders green | 3 | 2015–2017 |
| State v. Townsend red | 3 | 2009–2016 |
| State v. Stenson green | 3 | 2009–2014 |
| In re the Personal Restraint of Pirtle green | 3 | 2009–2013 |
| In Re Detention of TAH-L. green | 2 | 2019–2026 |
| State v. Drath green | 2 | 2023–2025 |
| State v. Stowe green | 2 | 2018–2024 |
| State v. Walters green | 2 | 2018–2023 |
| State v. Cienfuegos green | 2 | 2014–2021 |
| In re the Personal Restraint of Wilson green | 2 | 2014–2020 |
| State v. Fortun-Cebada green | 2 | 2016–2017 |
| Michel v. Louisiana green | 2 | 2015–2017 |
| State v. Price green | 2 | 2014–2017 |
| State v. Madison green | 2 | 2015–2016 |
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.