131 Alabama opinions name it 3 courts 1985–2026 9 in the last five years
The cases below were cited by Alabama 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 sentences2024Pursuant to Strickland v. Washington, 466 U.S. 668 (1984), a defendant who seeks relief on an ineffective-assistance-of-counsel claim must prove both that his counsel's performance was deficient and that he was prejudiced by the deficient performance. 2024Rather, the pertinent question is whether Williams and Sutton's performance was objectively reasonable, i.e., whether " 'some reasonable lawyer' could have pursued the challenged course of conduct," Gissendanner v. Seaboldt, 735 F.3d 1311, 1323 (11th Cir. 2013) (citation omitted), and, as I have explained, and as Burger, Allen, and Reed demonstrate, the answer to that question is "yes." To prevail on an ineffective-assistance-of-counsel claim, a defendant must demonstrate that his counsel committed "errors so serious that [they] were not functioning as the 'counsel' guaranteed by the Sixth Ame | 14 | 67 |
McNair v. Stategreen2 sentences2017Ex parte Baldwin , 456 So.2d 129 (Ala. 1984), aff'd, 472 U.S. 372 , 105 S.Ct. 2727 , 86 L.Ed.2d 300 (1985)." 706 So.2d at 839 . 2006As this Court noted in McNair v. State , 706 So.2d 828 , 839 (Ala.Crim.App. 1997): "In order to prevail on an ineffective assistance of counsel claim, a defendant must meet the two-pronged test set out by Strickland v. Washington , 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). "`First, the defendant must show that counsel's performance was deficient. | 5 | 12 |
Boyd v. Stategreen2 sentences2013Boyd v. State, 746 So.2d 364, 882 (Ala.Crim.App.1999). 2011See Boyd v. State, 746 So.2d 364, 406 (Ala.Crim.App.1999) (holding that ‘Rule 32.6(b) requires that the petition itself disclose the facts relied upon in seeking relief) ... see also Coral v. State, [ 900 So.2d 1274 (Ala.Crim.App.2004) ] (holding that ‘[e]ach subcategory [of an ineffective assistance of counsel claim] is an independent claim that must be sufficiently pleaded.’).” *32 (Supp. | 3 | 3 |
Ex Parte EDgreen2 sentences2003See Ex parte E.D., 777 So.2d 113 (Ala.2000). 2003See Ex parte E.D., 777 So.2d 113 (Ala.2000). | 3 | 3 |
Ex Parte Ingramgreen2 sentences2002Rule 32.7(d), Ala.R.Crim.P., provides for the summary disposition of a Rule 32 petition only "[i]f the court determines that the petition is not sufficiently specific [in violation of Rule 32.6(b)], or is precluded [under Rule 32.2, Ala.R.Crim.P.], or fails to state a claim, or that no material issue of fact or law exists which would entitle the petitioner to relief under this rule and that no purpose would be served by any further proceedings. . . ." Although not precluded by Rule 32.2(a)(5), Ala.R.Crim.P., see Ex parte Ingram , 675 So.2d 863 (Ala. 1996), 2 the *Page 859 circuit court's summa 2001Ex parte Ingram , 675 So.2d 863 , 866 (Ala. 1996) ("When a defendant makes a claim of ineffective assistance of trial counsel, and that claim cannot reasonably be presented in a new trial motion filed within the 30 days allowed by Rule 24.1(b), Ala.R.Crim.P., the proper method for presenting that claim for appellate review is to file a Rule 32, Ala.R.Crim.P., petition for post-conviction relief.") Thus it was the ineffective-assistance-of-counsel claim that concerned the Court in Hamlett . | 2 | 9 |
Hunt v. Stategreen2 sentences2017App. 2015) (quoting Brown v. State , 288 Ga. 902 , 909, 708 S.E.2d 294 , 301 (2011) ). " 'Trial counsel's decisions regarding what theory of the case to pursue represent the epitome of trial strategy.' Flowers v. State , 2010 Ark. 364 , 370 S.W.3d 228 , 232 (2010). 'What defense to carry to the jury, what witnesses to call, and what method of presentation to use is the epitome of a strategic decision, and it is one that we will seldom, if ever, second guess.' State v. Miller , 194 W.Va. 3 , 16, 459 S.E.2d 114 , 127 (1995). " ' " '[T]he mere existence of a potential alternative defense theory i 2005As I stated in Hunt v. State, 940 So.2d 1041, 1073 (Ala.Crim.App. 2005)(Cobb, J., concurring in part and dissenting in part), and in my special writings in the cases cited therein, neither Alabama law nor due process allows for the preclusion of a finding of prejudice with regard to an ineffective-assistance-of-counsel claim solely because this Court or the Alabama Supreme Court examined the underlying substantive issue on direct appeal and found no plain error. | 2 | 6 |
Brown v. Stategreen2 sentences2023Id. '[S]trategic choices made after a thorough investigation of the law and the facts relevant to plausible opinions are virtually unchallengeable.' Anderson [v. State], 196 S.W.3d [28] at 33 [(Mo. 2006)] (quoting Strickland, 466 U.S. at 690 , 104 S.Ct. 2052 )." McLaughlin v. State, 378 S.W.3d 328, 337 (Mo. 2012). "[A] tactical decision will not form the basis for an ineffective assistance of counsel claim unless it was 'so patently unreasonable that no competent attorney would have chosen it.' " Brown v. State, 288 Ga. 902, 909 , 708 S.E.2d 294, 301 (2011). 2023Id. '[S]trategic choices made after a thorough investigation of the law and the facts relevant to plausible opinions are virtually unchallengeable.' Anderson [v. State], 196 S.W.3d [28] at 33 [(Mo. 2006)] (quoting Strickland, 466 U.S. at 690 , 104 S.Ct. 2052 )." McLaughlin v. State, 378 S.W.3d 328, 337 (Mo. 2012). "[A] tactical decision will not form the basis for an ineffective assistance of counsel claim unless it was 'so patently unreasonable that no competent attorney would have chosen it.' " Brown v. State, 288 Ga. 902, 909 , 708 S.E.2d 294, 301 (2011). | 2 | 4 |
Coral v. Stategreen2 sentences2016For example, in Bryant v. State , 181 So.3d 1087 , 1104 (Ala.Crim.App.2011), we stated that "it is well settled in Alabama that an ineffective-assistance-of-counsel claim is a general claim that consists of several different allegations or subcategories, and, for purposes of the pleading requirements in Rule 32.3 and Rule 32.6(b), '[e]ach subcategory is [considered] *1189 a[n] independent claim that must be sufficiently pleaded.' Coral v. State , 900 So.2d 1274 , 1284 (Ala.Crim.App.2004), overruled on other grounds, Ex parte Jenkins , 972 So.2d 159 (Ala.2005)." Furthermore, in Taylor v. State 2016For example, in Bryant v. State , 181 So.3d 1087 , 1104 (Ala.Crim.App.2011), we stated that "it is well settled in Alabama that an ineffective-assistance-of-counsel claim is a general claim that consists of several different allegations or subcategories, and, for purposes of the pleading requirements in Rule 32.3 and Rule 32.6(b), '[e]ach subcategory is [considered] *1189 a[n] independent claim that must be sufficiently pleaded.' Coral v. State , 900 So.2d 1274 , 1284 (Ala.Crim.App.2004), overruled on other grounds, Ex parte Jenkins , 972 So.2d 159 (Ala.2005)." Furthermore, in Taylor v. State | 2 | 4 |
Cogman v. Stategreen2 sentences2015P., see, e.g., Cogman v. State, 852 So.2d 191, 192 (Ala.Crim.App.2002) (“An ineffective assistance of counsel claim is not jurisdictional; therefore, it is subject to the limitations period in Rule 32.2(c).”); that Hurst’s petition was untimely filed; that the State alleged in its motion to dismiss that Hurst’s claim was time-barred under Rule 32.2(c); and that the circuit court granted Hurst an evidentiary hearing, which provided Hurst with an opportunity to prove his claims. 2015P. See Wallace v. State, 959 So.2d 1161, 1163-64 (Aa.Crim.App.2006) (holding that a claim that a guilty plea was involuntarily and unknowingly entered “based on the alleged failure by his trial counsel and the trial court to advise him of a number of rights” is a nonjurisdictional claim); and Cogman v. State, 852 So.2d 191, 192 (Aa.Crim.App.2002) (“An ineffective assistance of counsel claim is not jurisdictional; therefore, it is subject to the limitations period in Rule 32.2(c).”). | 2 | 3 |
Thompson v. Stategreen2 sentences1999See Thomas v. State , 525 So.2d 816 (Ala.Cr.App. 1984), aff'd, 525 So.2d 820 (Ala. 1985), cert. denied, 488 U.S. 834 , 109 S.Ct. 94 , 102 L.Ed.2d 70 (1988) (remanding for an evidentiary hearing and specific findings of fact on the ineffective-assistance-of-counsel claim raised on direct appeal) (citing Ex parte Daniel , 459 So.2d 942 (Ala. 1982), aff'd, 459 So.2d 948 (Ala. 1984), cert. denied, 471 U.S. 1009 , 105 S.Ct. 1878 , 85 L.Ed.2d 170 (1985); and Delevie v. State , 454 So.2d 1044 (Ala.Cr.App. 1984)). 1995However, we have held that the Court of Criminal Appeals can remand a case for the trial court to hear an ineffective assistance of counsel claim, where the claim is first raised on appeal ‘if it determines justice would require it.’ Thompson v. State, 525 So.2d 820, 831 (Ala.1985) (emphasis in original).” We find that the appellant has attempted to raise the issue of trial counsel’s alleged ineffectiveness in connection with the absent juror both at trial and on appeal. | 2 | 3 |
| McNabb v. Stategreen | 2 | 2 |
| Knight v. Stategreen | 2 | 2 |
Washington v. Stategreen2 sentences2026In short, "the allegedly omitted mitigation evidence would not have affected his decision that the aggravating circumstances outweighed the mitigating circumstances and mandated a death sentence." Washington, 95 So. 3d at 53. 2026In short, "the allegedly omitted mitigation evidence would not have affected his decision that the aggravating circumstances outweighed the mitigating circumstances and mandated a death sentence." Washington, 95 So. 3d at 53 . | 1 | 3 |
Ex Parte Piercegreen2 sentences2023See Ex parte Pierce, 851 So. 2d 606, 614 (Ala. 2000) ("Rule 32.1(a) is the … provision that allows a defendant to raise an ineffective-assistance-of- counsel claim in a postconviction proceeding."). 2017App. 2013) (quoting Ex parte Pierce , 851 So.2d 606 , 614 (Ala. 2000) ). | 1 | 3 |
| Goodwin v. Johnsongreen | 1 | 2 |
| Everett v. Stategreen | 1 | 2 |
| Hughes v. Stategreen | 1 | 2 |
| Jalowiec v. Bradshawgreen | 1 | 2 |
| Jeffrey D. Hill v. Betty Mitchell, Wardengreen | 1 | 2 |
| Richard Nields v. Margaret Bradshaw, Wardengreen | 1 | 2 |
| Brown v. Stategreen | 1 | 2 |
| Carl Puiatti v. Secretary, Florida Department of Correctionsgreen | 1 | 1 |
| John Mills, Jr. v. Harry K. Singletary, Secretary, Florida Department of Correctionsgreen | 1 | 1 |
| Harrington v. Richtergreen | 1 | 1 |
| Kelly Renee Gissendaner v. Kathy Seaboldt, Warden, Metro State Prisongreen | 1 | 1 |
| McWhorter v. Stategreen | 1 | 1 |
| United States v. Brian Connergreen | 1 | 1 |
| McLaughlin v. Stategreen | 1 | 1 |
| Bearden v. Stategreen | 1 | 1 |
| Ex Parte Lawleygreen | 1 | 1 |
| McKenzie v. Stategreen | 1 | 1 |
| Benjamin v. Stategreen | 1 | 1 |
| Ex Parte Boatwrightgreen | 1 | 1 |
| White v. Stategreen | 1 | 1 |
| Wallace v. Stategreen | 1 | 1 |
| Jones v. Stategreen | 1 | 1 |
| Commonwealth v. Smithgreen | 1 | 1 |
| Commonwealth v. Uderragreen | 1 | 1 |
| Davidson v. Genglergreen | 1 | 1 |
| Phillip Alexander Atkins v. Harry K. Singletarygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Baldwin
green
2 sentences2023Ex parte Baldwin, 456 So. 2d 129 (Ala. 1984), aff'd, 472 U.S. 372 , 105 S. Ct. 2727 , 86 L. 2006Ex parte Baldwin , 456 So.2d 129 (Ala. 1984), aff'd, 472 U.S. 372 , 105 S.Ct. 2727 , 86 L.Ed.2d 300 (1985)." Here, Shaw has failed to meet the two-pronged test required by Strickland to prevail on an ineffective-assistance-of-counsel claim. | 15 | 1997–2023 |
Baldwin v. Alabama
green
2 sentences2006Ex parte Baldwin , 456 So.2d 129 (Ala. 1984), aff'd, 472 U.S. 372 , 105 S.Ct. 2727 , 86 L.Ed.2d 300 (1985)." Here, Shaw has failed to meet the two-pronged test required by Strickland to prevail on an ineffective-assistance-of-counsel claim. 2006Ex parte Baldwin , 456 So.2d 129 (Ala. 1984), aff'd, 472 U.S. 372 , 105 S.Ct. 2727 , 86 L.Ed.2d 300 (1985)." Here, Shaw has failed to meet the two-pronged test required by Strickland to prevail on an ineffective-assistance-of-counsel claim. | 15 | 1997–2023 |
Nwosun v. General Mills Restaurants, Inc.
green
2 sentences2000Ex parte Baldwin, 456 So.2d 129 (Ala.1984), aff'd, 472 U.S. 372 , 105 S.Ct. 2727 , 86 L.Ed.2d 300 (1985)." McNair v. State, 706 So.2d 828, 839 (Ala. Cr.App.1997), cert. denied, 523 U.S. 1064 , 118 S.Ct. 1396 , 140 L.Ed.2d 654 (1998). 2000Ex parte Baldwin, 456 So.2d 129 (Ala.1984), aff'd, 472 U.S. 372 , 105 S.Ct. 2727 , 86 L.Ed.2d 300 (1985)." McNair v. State, 706 So.2d 828, 839 (Ala. Cr.App.1997), cert. denied, 523 U.S. 1064 , 118 S.Ct. 1396 , 140 L.Ed.2d 654 (1998). | 5 | 1999–2000 |
Hoskinson v. Indiana
green
2 sentences2000Ex parte Baldwin, 456 So.2d 129 (Ala.1984), aff'd, 472 U.S. 372 , 105 S.Ct. 2727 , 86 L.Ed.2d 300 (1985)." McNair v. State, 706 So.2d 828, 839 (Ala. Cr.App.1997), cert. denied, 523 U.S. 1064 , 118 S.Ct. 1396 , 140 L.Ed.2d 654 (1998). 2000Ex parte Baldwin, 456 So.2d 129 (Ala.1984), aff'd, 472 U.S. 372 , 105 S.Ct. 2727 , 86 L.Ed.2d 300 (1985)." McNair v. State, 706 So.2d 828, 839 (Ala. Crim.App.1997), cert. denied, 523 U.S. 1064 , 118 S.Ct. 1396 , 140 L.Ed.2d 654 (1998). | 5 | 1999–2000 |
Partain v. State
green
2 sentences2026Id. (citing Ex parte Walker, 800 So. 2d 135 (Ala. 2000)). 2026Id. (citing Ex parte Walker, 800 So. 2d 135 (Ala. 2000)). | 3 | 2025–2026 |
Ex Parte Walker
green
2 sentences2026Id. (citing Ex parte Walker, 800 So. 2d 135 (Ala. 2000)). 2026Id. (citing Ex parte Walker, 800 So. 2d 135 (Ala. 2000)). | 3 | 2025–2026 |
Ex Parte Jenkins
green
2 sentences2016For example, in Bryant v. State , 181 So.3d 1087 , 1104 (Ala.Crim.App.2011), we stated that "it is well settled in Alabama that an ineffective-assistance-of-counsel claim is a general claim that consists of several different allegations or subcategories, and, for purposes of the pleading requirements in Rule 32.3 and Rule 32.6(b), '[e]ach subcategory is [considered] *1189 a[n] independent claim that must be sufficiently pleaded.' Coral v. State , 900 So.2d 1274 , 1284 (Ala.Crim.App.2004), overruled on other grounds, Ex parte Jenkins , 972 So.2d 159 (Ala.2005)." Furthermore, in Taylor v. State 2016For example, in Bryant v. State , 181 So.3d 1087 , 1104 (Ala.Crim.App.2011), we stated that "it is well settled in Alabama that an ineffective-assistance-of-counsel claim is a general claim that consists of several different allegations or subcategories, and, for purposes of the pleading requirements in Rule 32.3 and Rule 32.6(b), '[e]ach subcategory is [considered] *1189 a[n] independent claim that must be sufficiently pleaded.' Coral v. State , 900 So.2d 1274 , 1284 (Ala.Crim.App.2004), overruled on other grounds, Ex parte Jenkins , 972 So.2d 159 (Ala.2005)." Furthermore, in Taylor v. State | 3 | 2009–2016 |
Ex Parte MacEwan
green
2 sentences2007Therefore, in order to allow the trial court to properly inquire into the merits of MacEwan's ineffective-assistance-of-counsel claim, we reverse the judgment of the Court of Criminal Appeals and remand the case for that court to remand it for the trial court to hold an evidentiary hearing." 860 So.2d at 897 . 2006Therefore, in order to allow the trial court to properly inquire into the merits of MacEwan's ineffective-assistance-of-counsel claim, we reverse the judgment of the Court of Criminal Appeals and remand the case for that court to remand it for the trial court to hold an evidentiary hearing." 860 So.2d at 897 -98 . | 3 | 2002–2007 |
Williams v. State
green
2 sentences2003Williams v. State, 480 So.2d 1265 (Ala.Crim.App.1985). 2002Williams v. State, 480 So.2d 1265 (Ala.Crim.App.1985). | 3 | 2001–2003 |
Occhicone v. State
green
2 sentences2017App. 2016) (quoting Occhicone v. State , 768 So.2d 1037 , 1048 (Fla. 2000) ). " '[A] tactical decision will not form the basis for an ineffective assistance of counsel claim unless it was "so patently unreasonable that no competent attorney would have chosen it." ' " State v. Gissendanner , [Ms. CR-09-0998, October 23, 2015] --- So.3d ----, ---- (Ala. Crim. 2017App. 2016) (quoting Occhicone v. State , 768 So.2d 1037 , 1048 (Fla. 2000) ). " '[A] tactical decision will not form the basis for an ineffective assistance of counsel claim unless it was "so patently unreasonable that no competent attorney would have chosen it." ' " State v. Gissendanner , [Ms. CR-09-0998, October 23, 2015] --- So.3d ----, ---- (Ala. Crim. | 2 | 2017–2017 |
Flowers v. State
green
2 sentences2017App. 2015) (quoting Brown v. State , 288 Ga. 902 , 909, 708 S.E.2d 294 , 301 (2011) ). " 'Trial counsel's decisions regarding what theory of the case to pursue represent the epitome of trial strategy.' Flowers v. State , 2010 Ark. 364 , 370 S.W.3d 228 , 232 (2010). 'What defense to carry to the jury, what witnesses to call, and what method of presentation to use is the epitome of a strategic decision, and it is one that we will seldom, if ever, second guess.' State v. Miller , 194 W.Va. 3 , 16, 459 S.E.2d 114 , 127 (1995). " ' " '[T]he mere existence of a potential alternative defense theory i 2017App. 2015) (quoting Brown v. State , 288 Ga. 902 , 909, 708 S.E.2d 294 , 301 (2011) ). " 'Trial counsel's decisions regarding what theory of the case to pursue represent the epitome of trial strategy.' Flowers v. State , 2010 Ark. 364 , 370 S.W.3d 228 , 232 (2010). 'What defense to carry to the jury, what witnesses to call, and what method of presentation to use is the epitome of a strategic decision, and it is one that we will seldom, if ever, second guess.' State v. Miller , 194 W.Va. 3 , 16, 459 S.E.2d 114 , 127 (1995). " ' " '[T]he mere existence of a potential alternative defense theory i | 2 | 2017–2017 |
State v. Miller
green
2 sentences2017App. 2015) (quoting Brown v. State , 288 Ga. 902 , 909, 708 S.E.2d 294 , 301 (2011) ). " 'Trial counsel's decisions regarding what theory of the case to pursue represent the epitome of trial strategy.' Flowers v. State , 2010 Ark. 364 , 370 S.W.3d 228 , 232 (2010). 'What defense to carry to the jury, what witnesses to call, and what method of presentation to use is the epitome of a strategic decision, and it is one that we will seldom, if ever, second guess.' State v. Miller , 194 W.Va. 3 , 16, 459 S.E.2d 114 , 127 (1995). " ' " '[T]he mere existence of a potential alternative defense theory i 2017App. 2015) (quoting Brown v. State , 288 Ga. 902 , 909, 708 S.E.2d 294 , 301 (2011) ). " 'Trial counsel's decisions regarding what theory of the case to pursue represent the epitome of trial strategy.' Flowers v. State , 2010 Ark. 364 , 370 S.W.3d 228 , 232 (2010). 'What defense to carry to the jury, what witnesses to call, and what method of presentation to use is the epitome of a strategic decision, and it is one that we will seldom, if ever, second guess.' State v. Miller , 194 W.Va. 3 , 16, 459 S.E.2d 114 , 127 (1995). " ' " '[T]he mere existence of a potential alternative defense theory i | 2 | 2017–2017 |
Stallworth v. State
green
2 sentences2017As a constitutional claim, " ' Rule 32.1(a) is the ... provision that allows a defendant to raise an ineffective-assistance-of-counsel claim in a postconviction proceeding.' " Stallworth v. State , 171 So.3d 53 , 76 (Ala. Crim. 2017As a constitutional claim, " ' Rule 32.1(a) is the ... provision that allows a defendant to raise an ineffective-assistance-of-counsel claim in a postconviction proceeding.' " Stallworth v. State , 171 So.3d 53 , 76 (Ala. Crim. | 2 | 2017–2017 |
Williams v. Taylor
green
2 sentences2016For example, in Bryant v. State , 181 So.3d 1087 , 1104 (Ala.Crim.App.2011), we stated that "it is well settled in Alabama that an ineffective-assistance-of-counsel claim is a general claim that consists of several different allegations or subcategories, and, for purposes of the pleading requirements in Rule 32.3 and Rule 32.6(b), '[e]ach subcategory is [considered] *1189 a[n] independent claim that must be sufficiently pleaded.' Coral v. State , 900 So.2d 1274 , 1284 (Ala.Crim.App.2004), overruled on other grounds, Ex parte Jenkins , 972 So.2d 159 (Ala.2005)." Furthermore, in Taylor v. State 2016For example, in Bryant v. State , 181 So.3d 1087 , 1104 (Ala.Crim.App.2011), we stated that "it is well settled in Alabama that an ineffective-assistance-of-counsel claim is a general claim that consists of several different allegations or subcategories, and, for purposes of the pleading requirements in Rule 32.3 and Rule 32.6(b), '[e]ach subcategory is [considered] *1189 a[n] independent claim that must be sufficiently pleaded.' Coral v. State , 900 So.2d 1274 , 1284 (Ala.Crim.App.2004), overruled on other grounds, Ex parte Jenkins , 972 So.2d 159 (Ala.2005)." Furthermore, in Taylor v. State | 2 | 2016–2016 |
| Boyd v. State green | 2 | 2016–2016 |
McNeil v. District of Columbia Department of Employment Services
green
2 sentences2016Ct. App. 2002). 'A petitioner's failure to "show how, but for the attorneys' errors, the results of the proceedings would have been different" justifies a district court's decision to summarily dismiss the ineffective assistance of counsel claim.' Everett v. State , 757 N.W.2d 530 , 535 (N.D. 2008) (quoting Hughes v. State , 639 N.W.2d 696 , 699 (N.D. 2002) ). '[F]ailing to introduce additional mitigation evidence that is only cumulative of that already presented does not amount to ineffective assistance.' Jalowiec v. Bradshaw , 657 F.3d 293 , 319 (6th Cir. 2011) (citing Nields v. Bradshaw , 4 2013“A petitioner’s failure to ‘show how, but for the attorneys’ errors, the results of the proceedings would have been different’ justifies a district court’s decision to summarily dismiss the ineffective assistance of counsel claim.” Everett v. State, 757 N.W.2d 530, 535 (N.D.2008) (quoting Hughes v. State, 639 N.W.2d 696, 699 (N.D.2002)). “[F]ailing to introduce additional mitigation evidence that is only cumulative of that already presented does not amount to ineffective assistance.” Jalowiec v. Bradshaw, 657 F.3d 293, 319 (6th Cir.2011) (citing Nields v. Bradshaw, 482 F.3d 442, 454 (6th Cir.2 | 2 | 2013–2016 |
Thai v. Mapes
green
2 sentences2016Ct. App. 2002). 'A petitioner's failure to "show how, but for the attorneys' errors, the results of the proceedings would have been different" justifies a district court's decision to summarily dismiss the ineffective assistance of counsel claim.' Everett v. State , 757 N.W.2d 530 , 535 (N.D. 2008) (quoting Hughes v. State , 639 N.W.2d 696 , 699 (N.D. 2002) ). '[F]ailing to introduce additional mitigation evidence that is only cumulative of that already presented does not amount to ineffective assistance.' Jalowiec v. Bradshaw , 657 F.3d 293 , 319 (6th Cir. 2011) (citing Nields v. Bradshaw , 4 2013“A petitioner’s failure to ‘show how, but for the attorneys’ errors, the results of the proceedings would have been different’ justifies a district court’s decision to summarily dismiss the ineffective assistance of counsel claim.” Everett v. State, 757 N.W.2d 530, 535 (N.D.2008) (quoting Hughes v. State, 639 N.W.2d 696, 699 (N.D.2002)). “[F]ailing to introduce additional mitigation evidence that is only cumulative of that already presented does not amount to ineffective assistance.” Jalowiec v. Bradshaw, 657 F.3d 293, 319 (6th Cir.2011) (citing Nields v. Bradshaw, 482 F.3d 442, 454 (6th Cir.2 | 2 | 2013–2016 |
Hill v. Mitchell
green
2 sentences2016Ct. App. 2002). 'A petitioner's failure to "show how, but for the attorneys' errors, the results of the proceedings would have been different" justifies a district court's decision to summarily dismiss the ineffective assistance of counsel claim.' Everett v. State , 757 N.W.2d 530 , 535 (N.D. 2008) (quoting Hughes v. State , 639 N.W.2d 696 , 699 (N.D. 2002) ). '[F]ailing to introduce additional mitigation evidence that is only cumulative of that already presented does not amount to ineffective assistance.' Jalowiec v. Bradshaw , 657 F.3d 293 , 319 (6th Cir. 2011) (citing Nields v. Bradshaw , 4 2013“A petitioner’s failure to ‘show how, but for the attorneys’ errors, the results of the proceedings would have been different’ justifies a district court’s decision to summarily dismiss the ineffective assistance of counsel claim.” Everett v. State, 757 N.W.2d 530, 535 (N.D.2008) (quoting Hughes v. State, 639 N.W.2d 696, 699 (N.D.2002)). “[F]ailing to introduce additional mitigation evidence that is only cumulative of that already presented does not amount to ineffective assistance.” Jalowiec v. Bradshaw, 657 F.3d 293, 319 (6th Cir.2011) (citing Nields v. Bradshaw, 482 F.3d 442, 454 (6th Cir.2 | 2 | 2013–2016 |
| Brooks v. State green | 2 | 2016–2016 |
| Jarrod Taylor v. State of Alabama. green | 2 | 2016–2016 |
Bryant v. State
green
2 sentences2016For example, in Bryant v. State , 181 So.3d 1087 , 1104 (Ala.Crim.App.2011), we stated that "it is well settled in Alabama that an ineffective-assistance-of-counsel claim is a general claim that consists of several different allegations or subcategories, and, for purposes of the pleading requirements in Rule 32.3 and Rule 32.6(b), '[e]ach subcategory is [considered] *1189 a[n] independent claim that must be sufficiently pleaded.' Coral v. State , 900 So.2d 1274 , 1284 (Ala.Crim.App.2004), overruled on other grounds, Ex parte Jenkins , 972 So.2d 159 (Ala.2005)." Furthermore, in Taylor v. State 2016For example, in Bryant v. State , 181 So.3d 1087 , 1104 (Ala.Crim.App.2011), we stated that "it is well settled in Alabama that an ineffective-assistance-of-counsel claim is a general claim that consists of several different allegations or subcategories, and, for purposes of the pleading requirements in Rule 32.3 and Rule 32.6(b), '[e]ach subcategory is [considered] *1189 a[n] independent claim that must be sufficiently pleaded.' Coral v. State , 900 So.2d 1274 , 1284 (Ala.Crim.App.2004), overruled on other grounds, Ex parte Jenkins , 972 So.2d 159 (Ala.2005)." Furthermore, in Taylor v. State | 2 | 2016–2016 |
| People v. Hernandez green | 2 | 2005–2012 |
| Luke v. State green | 2 | 1998–2002 |
| Ex Parte Hill green | 1 | 2023–2023 |
| Clark v. State green | 1 | 2023–2023 |
| Hill v. Lockhart green | 1 | 2015–2015 |
| Charlie Stith v. State of Alabama. green | 1 | 2015–2015 |
| Whited v. State green | 1 | 2015–2015 |
| Ex Parte Coleman green | 1 | 2015–2015 |
| Lee v. State green | 1 | 2013–2013 |
| Ross v. State green | 1 | 2013–2013 |
| Allen v. State green | 1 | 2013–2013 |
| Daniel v. State green | 1 | 2013–2013 |
| Fortner v. State green | 1 | 2013–2013 |
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.