petitioner cannot claim (Idaho) · Go Syfert
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petitioner cannot claim in Idaho

21 Idaho opinions name it 2 courts 1995–2026 12 in the last five years

The cases below were cited by Idaho 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 (5)

CaseFollowedCited
Coleman v. Thompsongreen
scotus · 1991 · cited in 8 Idaho opinions naming this issue, 1995–2026
2 sentences

2026See Coleman v. Thompson, 501 U.S. 722, 725 (1991) (holding that “a petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings”); Murphy, 156 Idaho at 395 , 327 P.3d at 371 (holding that “where there is no right to counsel, there can be no deprivation of effective assistance of counsel” and thus Murphy failed to demonstrate “sufficient reason” for filing a successive petition based on ineffectiveness of post-conviction counsel). 4.

2026See Coleman, 501 U.S. at 725 (holding that “a petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings”); Murphy, 156 Idaho at 395 , 327 P.3d at 371 (holding that “where there is no right to counsel, there can be no deprivation of effective assistance of counsel” and thus Murphy failed to demonstrate “sufficient reason” for filing a successive petition based on ineffectiveness of post-conviction counsel).

78
Alisha Ann Murphy v. Stategreen
idaho · 2014 · cited in 3 Idaho opinions naming this issue, 2019–2026
2 sentences

2026See Coleman v. Thompson, 501 U.S. 722, 725 (1991) (holding that “a petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings”); Murphy, 156 Idaho at 395 , 327 P.3d at 371 (holding that “where there is no right to counsel, there can be no deprivation of effective assistance of counsel” and thus Murphy failed to demonstrate “sufficient reason” for filing a successive petition based on ineffectiveness of post-conviction counsel). 4.

2026See Coleman v. Thompson, 501 U.S. 722, 725 (1991) (holding that “a petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings”); Murphy, 156 Idaho at 395 , 327 P.3d at 371 (holding that “where there is no right to counsel, there can be no deprivation of effective assistance of counsel” and thus Murphy failed to demonstrate “sufficient reason” for filing a successive petition based on ineffectiveness of post-conviction counsel). 4.

13
Follinus v. Stategreen
idahoctapp · 1995 · cited in 2 Idaho opinions naming this issue, 2013–2016
2 sentences

2016Follinus v. State, 127 Idaho 897, 902 , 908 P.2d 590, 595 (Ct. App. 1995); see also Coleman v. Thompson, 501 U.S. 722, 752 (1991).

2016Follinus v. State, 127 Idaho 897, 902 , 908 P.2d 590, 595 (Ct. App. 1995); see also Coleman v. Thompson, 501 U.S. 722, 752 (1991).

12
Trevino v. Thalergreen
scotus · 2013 · cited in 1 Idaho opinions naming this issue, 2017–2017
2 sentences

2017In Trevino v. Thaler, the Court extended its holding in Martinez to include states where the “procedural framework, by-reason of its design and operation, makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise a claim of ineffective assistance of trial counsel on direct appeal.” 13 569 U.S. 413, 416 , 133 S.Ct. 1911, 1921 , 185 L.Ed.2d 1044, 1056-57 (2013).

2017In Trevino v. Thaler, the Court extended its holding in Martinez to include states where the “procedural framework, by-reason of its design and operation, makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise a claim of ineffective assistance of trial counsel on direct appeal.” 13 569 U.S. 413, 416 , 133 S.Ct. 1911, 1921 , 185 L.Ed.2d 1044, 1056-57 (2013).

11
Lee v. Stategreen
idaho · 1992 · cited in 1 Idaho opinions naming this issue, 2010–2010
2 sentences

2010Consequently, a petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings.” Lee v. State, 122 Idaho 196, 199 , 832 P.2d 1131, 1134 (1992) (quoting Coleman v. Thompson, 501 U.S. 722, 752 , 111 S.Ct. 2546, 2566 , 115 L.Ed.2d 640, 671 (1991)).

2010Consequently, a petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings.” Lee v. State, 122 Idaho 196, 199 , 832 P.2d 1131, 1134 (1992) (quoting Coleman v. Thompson, 501 U.S. 722, 752 , 111 S.Ct. 2546, 2566 , 115 L.Ed.2d 640, 671 (1991)).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
DeRushé v. State green
idaho · 2009
2 sentences

2025DeRushé, 146 Idaho at 602, 200 P.3d at 1151 .

2024DeRushé, 146 Idaho at 602, 200 P.3d at 1151 .

102020–2025
Kelly v. State green
idaho · 2010
2 sentences

2022Kelly, 149 Idaho at 524 , 236 P.3d at 1284 .

2022Kelly, 149 Idaho at 524 , 236 P.3d at 1284 .

22022–2022
Martinez v. Ryan green
scotus · 2012
2 sentences

2017In reaching this holding, we relied on the U.S. Supreme Court’s ruling in Coleman v. Thompson, which held that “[t]here is no constitutional right to an attorney in state post-conviction proceedings” and therefore “a petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings.” 501 U.S. 722, 752 , 111 S.Ct. 2546, 2566 , 115 L.Ed.2d 640, 670-71 (1991). *228 In Martinez , the U.S, Supreme Court announced a “narrow exception” to Coleman: Where, under state law, claims of ineffective assistance of trial counsel must be raised in an initial-review collateral proce

2017In reaching this holding, we relied on the U.S. Supreme Court’s ruling in Coleman v. Thompson, which held that “[t]here is no constitutional right to an attorney in state post-conviction proceedings” and therefore “a petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings.” 501 U.S. 722, 752 , 111 S.Ct. 2546, 2566 , 115 L.Ed.2d 640, 670-71 (1991). *228 In Martinez , the U.S, Supreme Court announced a “narrow exception” to Coleman: Where, under state law, claims of ineffective assistance of trial counsel must be raised in an initial-review collateral proce

12017–2017

Statutes the citing opinions construe

ID § Idaho Code § 19-4906 (17) ID § Idaho Code § 19-4903 (12) ID § Idaho Code § 19-4908 (7) ID § Idaho Code § 19-4904 (6) ID § Idaho Code § 19-4902 (4) ID § Idaho Code § 19-4901 (3) ID § Idaho Code § 19-4907 (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

ID 21 (1995–2026) KY 8 (1998–2026) NY 5 (1884–1993) OH 5 (2002–2018) ND 4 (2004–2013) TX 4 (2002–2024) PA 3 (1980–2021) NC 3 (2021–2021) VI 3 (2008–2012) LA 3 (2009–2022) DC 2 (2009–2009) AZ 2 (1993–1996) MT 2 (2012–2024)

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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