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21 Missouri opinions name it 2 courts 1982–2023 4 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.
| Case | Followed | Cited |
|---|---|---|
Glover v. Stategreen2 sentences2014However, “[flailing to raise a nonmeritorious claim does not convict counsel of being ineffective.” Glover v. State, 225 S.W.3d 425, 429 (Mo. banc 2007); see also Trotter v. State, 443 S.W.3d 621, 626 (Mo.App.W.D.2014). 2012“Failing to raise a nonmeritorious claim does not convict counsel of being ineffective.” Glover v. State, 225 S.W.3d 425, 429 (Mo. banc 2007) (citing State v. Nunley, 923 S.W.2d 911, 924 (Mo. banc 1996)); see also Blakey v. State, 292 S.W.3d 572, 574 (Mo.App. | 4 | 4 |
State v. Nunleygreen2 sentences2014See State v. Nunley, 923 S.W.2d 911, 924 (Mo. banc 1996). 2012“Failing to raise a nonmeritorious claim does not convict counsel of being ineffective.” Glover v. State, 225 S.W.3d 425, 429 (Mo. banc 2007) (citing State v. Nunley, 923 S.W.2d 911, 924 (Mo. banc 1996)); see also Blakey v. State, 292 S.W.3d 572, 574 (Mo.App. | 4 | 4 |
Joyner v. Stategreen2 sentences2020And, based upon our conclusion that the crime of attempted stealing is a “stealing-related offense,” a claim on appeal asserting insufficiency of the evidence to make a third offense stealing case based on the argument that the attempted felony stealing prior was not a “stealing-related offense” would have been frivolous. “‘[A]ppellate counsel cannot be deemed ineffective for failing to raise a nonmeritorious claim.’” Proby v. State, 582 S.W.3d 170 , 175 (Mo. App. S.D. 2019) (quoting Joyner v. State, 421 S.W.3d 580, 582 (Mo. App. E.D. 2014)). 2019Further, “appellate 13 counsel cannot be deemed ineffective for failing to raise a nonmeritorious claim.” Joyner v. State, 421 S.W.3d 580, 582 (Mo. App. 2014). | 3 | 3 |
Zink v. Stategreen2 sentences2022Zink v. State, 278 S.W.3d 170, 188 (Mo. banc 2009) (holding that trial counsel is not ineffective for failing to make a nonmeritorious objection); West, 605 S.W.3d at 614 (holding that appellate counsel cannot be deemed ineffective for failing to raise a nonmeritorious claim). 2022Zink v. State, 278 S.W.3d 170, 188 (Mo. banc 2009) (holding that trial counsel is not ineffective for failing to make a nonmeritorious objection); West, 605 S.W.3d at 614 (holding that appellate counsel cannot be deemed ineffective for failing to raise a nonmeritorious claim). | 2 | 2 |
Antonio D. West v. State of Missourigreen2 sentences2022Zink v. State, 278 S.W.3d 170, 188 (Mo. banc 2009) (holding that trial counsel is not ineffective for failing to make a nonmeritorious objection); West, 605 S.W.3d at 614 (holding that appellate counsel cannot be deemed ineffective for failing to raise a nonmeritorious claim). 2022Zink v. State, 278 S.W.3d 170, 188 (Mo. banc 2009) (holding that trial counsel is not ineffective for failing to make a nonmeritorious objection); West, 605 S.W.3d at 614 (holding that appellate counsel cannot be deemed ineffective for failing to raise a nonmeritorious claim). | 2 | 2 |
Howell v. Stategreen2 sentences2014Howell v. State, 357 S.W.3d 236, 249 (Mo. App. W.D. 2012). 2014Howell v. State, 357 S.W.3d 236, 249 (Mo.App.W.D.2012). | 2 | 2 |
David R. Hosier v. State of Missourigreen2 sentences2023So, appellate counsel was not ineffective in deciding against raising the speedy trial issue on appeal because “[f]ailing to raise a nonmeritorious claim on appeal does not constitute ineffective assistance.” Id. at 615 (quoting Hosier v. State, 593 S.W.3d 75 , 87 (Mo. banc 2019)). 2021“Failing to raise a nonmeritorious claim on appeal does not constitute ineffective assistance.” Hosier, 593 S.W.3d at 87. | 1 | 2 |
Strickland v. Washingtongreen1 sentence2023Movant failed to establish by a preponderance of the evidence appellate counsel’s performance “did not conform to the degree of skill, care, and diligence of a reasonably competent attorney . . . .” Tramble, 414 S.W.3d at 574 (citing Spells, 277 S.W.3d at 345–46); see also Strickland, 466 U.S. at 687 . | 1 | 1 |
McCoy v. Stategreen1 sentence2017Crider also fails to show that he was prejudiced in that the claim trial counsel did not raise would not have been meritorious. “[Trial] counsel cannot be deemed ineffective for failing to raise a nonmeritorious claim.” McCoy v. State, 431 S.W.3d 517, 523 (Mo.App. | 1 | 1 |
Trotter v. Stategreen1 sentence2014However, “[flailing to raise a nonmeritorious claim does not convict counsel of being ineffective.” Glover v. State, 225 S.W.3d 425, 429 (Mo. banc 2007); see also Trotter v. State, 443 S.W.3d 621, 626 (Mo.App.W.D.2014). | 1 | 1 |
Ringo v. Stategreen1 sentence2012Ringo v. State, 120 S.W.3d 743, 747 (Mo. banc 2003). | 1 | 1 |
Blakey v. Stategreen1 sentence2012“Failing to raise a nonmeritorious claim does not convict counsel of being ineffective.” Glover v. State, 225 S.W.3d 425, 429 (Mo. banc 2007) (citing State v. Nunley, 923 S.W.2d 911, 924 (Mo. banc 1996)); see also Blakey v. State, 292 S.W.3d 572, 574 (Mo.App. | 1 | 1 |
State v. Sixgreen2 sentences1996State v. Six, 805 S.W.2d 159, 171 (Mo. banc), cert. denied, 502 U.S. 871 , 112 S.Ct. 206 , 116 L.Ed.2d 165 (1991). 1996State v. Six, 805 S.W.2d 159, 171 (Mo. banc), cert. denied, 502 U.S. 871 , 112 S.Ct. 206 , 116 L.Ed.2d 165 (1991). | 1 | 1 |
Harley v. Stategreen1 sentence1983See Harley v. State, 641 S.W.2d 880, 882 (Mo.App.1982). | 1 | 1 |
Wolfe v. Stategreen1 sentence1982Wolfe v. State, 613 S.W.2d 892, 894 [3] (Mo.App.1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Spells v. State
green
1 sentence2023Movant failed to establish by a preponderance of the evidence appellate counsel’s performance “did not conform to the degree of skill, care, and diligence of a reasonably competent attorney . . . .” Tramble, 414 S.W.3d at 574 (citing Spells, 277 S.W.3d at 345–46); see also Strickland, 466 U.S. at 687 . | 1 | 2023–2023 |
Tramble v. State
green
1 sentence2023Movant failed to establish by a preponderance of the evidence appellate counsel’s performance “did not conform to the degree of skill, care, and diligence of a reasonably competent attorney . . . .” Tramble, 414 S.W.3d at 574 (citing Spells, 277 S.W.3d at 345–46); see also Strickland, 466 U.S. at 687 . | 1 | 2023–2023 |
Thomas A. Edwards v. State of Missouri
green
1 sentence2023So, appellate counsel was not ineffective in deciding against raising the speedy trial issue on appeal because “[f]ailing to raise a nonmeritorious claim on appeal does not constitute ineffective assistance.” Id. at 615 (quoting Hosier v. State, 593 S.W.3d 75 , 87 (Mo. banc 2019)). | 1 | 2023–2023 |
JOSEPH WILLIE PROBY, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
neutral
1 sentence2020And, based upon our conclusion that the crime of attempted stealing is a “stealing-related offense,” a claim on appeal asserting insufficiency of the evidence to make a third offense stealing case based on the argument that the attempted felony stealing prior was not a “stealing-related offense” would have been frivolous. “‘[A]ppellate counsel cannot be deemed ineffective for failing to raise a nonmeritorious claim.’” Proby v. State, 582 S.W.3d 170 , 175 (Mo. App. S.D. 2019) (quoting Joyner v. State, 421 S.W.3d 580, 582 (Mo. App. E.D. 2014)). | 1 | 2020–2020 |
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.