benchmark for judging any claim (Missouri) · Go Syfert
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benchmark for judging any claim in Missouri

20 Missouri opinions name it 2 courts 1985–2023 2 in the last five years

The cases below were cited by Missouri 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
Sanders v. Stategreen
mo · 1987 · cited in 3 Missouri opinions naming this issue, 1987–1997
2 sentences

1997In other words, “the benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper function of the adversarial process that the trial court cannot be relied on having produced a just result.” Sanders, 738 S.W.2d at 857-58 .

1987Sanders , at 857-58.

23
Strickland v. Washingtongreen
scotus · 1984 · cited in 19 Missouri opinions naming this issue, 1985–2023
2 sentences

2023“The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Strickland, 466 U.S. at 686 .

2022“The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Strickland, 466 U.S. at 686 .

119
Taylor v. Stategreen
mo · 2012 · cited in 1 Missouri opinions naming this issue, 2022–2022
1 sentence

2022To show deficient performance, Balbirnie “must overcome the strong presumption [that] trial counsel’s conduct was reasonable and effective,” Anderson v. State, 564 S.W.3d 592, 600 (Mo. banc 2018), by proving “‘that counsel’s performance fell below an objective standard of reasonableness.’” McNeal v. State, 500 S.W.3d 841, 844 (Mo. banc 2016) (quoting Taylor v. State, 382 S.W.3d 78, 80 (Mo. banc 2012)).

11
David A. McNeal v. State of Missourigreen
mo · 2016 · cited in 1 Missouri opinions naming this issue, 2022–2022
1 sentence

2022To show deficient performance, Balbirnie “must overcome the strong presumption [that] trial counsel’s conduct was reasonable and effective,” Anderson v. State, 564 S.W.3d 592, 600 (Mo. banc 2018), by proving “‘that counsel’s performance fell below an objective standard of reasonableness.’” McNeal v. State, 500 S.W.3d 841, 844 (Mo. banc 2016) (quoting Taylor v. State, 382 S.W.3d 78, 80 (Mo. banc 2012)).

11
Anderson v. Stategreen
mo · 2018 · cited in 1 Missouri opinions naming this issue, 2022–2022
1 sentence

2022To show deficient performance, Balbirnie “must overcome the strong presumption [that] trial counsel’s conduct was reasonable and effective,” Anderson v. State, 564 S.W.3d 592, 600 (Mo. banc 2018), by proving “‘that counsel’s performance fell below an objective standard of reasonableness.’” McNeal v. State, 500 S.W.3d 841, 844 (Mo. banc 2016) (quoting Taylor v. State, 382 S.W.3d 78, 80 (Mo. banc 2012)).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Evitts v. Lucey green
scotus · 1985
2 sentences

1985Evitts v. Lucey, [— U.S. -] 105 S.Ct. 830 [ 83 L.Ed.2d 821 ] (1985). ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.’ Strickland, 104 S.Ct. at 2064 .

1985Evitts v. Lucey, [— U.S. -] 105 S.Ct. 830 [ 83 L.Ed.2d 821 ] (1985). ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.’ Strickland, 104 S.Ct. at 2064 .

11985–1985

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 571.015 (4)

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 191 (1990–2025) OH 119 (1986–2025) TX 84 (1986–2025) WY 56 (1986–2024) TN 49 (1994–2021) IN 46 (1984–2025) IL 44 (1984–2026) IA 26 (1985–2026) MO 20 (1985–2023) CA 18 (1992–2021) PA 15 (1995–2020) CT 13 (1985–2022) MD 13 (1985–2026) UT 12 (1993–2019) GA 11 (1986–2015) DC 11 (1984–2012) WI 11 (1985–2025) KS 11 (1985–2024) DE 8 (2019–2026) FL 8 (1990–2018) VA 8 (1986–2004) ID 8 (1985–2010) WA 7 (1984–2023) SD 7 (1987–2018) RI 7 (1993–2011) OK 7 (1986–2009) AR 6 (2003–2021) LA 6 (1993–2024) MN 5 (1985–2019) NJ 5 (1989–2008) CO 5 (2003–2015) NM 4 (1985–2009) AL 4 (1985–1992) MI 4 (2022–2025) NC 4 (1985–2018) NE 3 (1986–2023) KY 3 (2008–2022) OR 3 (2005–2022) AZ 2 (1984–1986)

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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