114 North Dakota opinions name it 1 courts 1987–2025 35 in the last five years
The cases below were cited by North Dakota 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 sentences2023Stein v. State, 2018 ND 264, ¶ 6 , 920 N.W.2d 477 (citing Strickland v. Washington, 466 U.S. 668, 687-88 (1984)) (providing the analytical framework for ineffective assistance of counsel claims). [¶7] To satisfy the first requirement of the Strickland test, Wootan’s evidence, when taken in the light most favorable to Wootan, must show his attorney’s representation fell below an objective standard of reasonableness. 2023Stein v. State, 2018 ND 264, ¶ 6 , 920 N.W.2d 477 (citing Strickland v. Washington, 466 U.S. 668, 687-88 (1984)) (providing the analytical framework for ineffective assistance of counsel claims). [¶7] To satisfy the first requirement of the Strickland test, Wootan’s evidence, when taken in the light most favorable to Wootan, must show his attorney’s representation fell below an objective standard of reasonableness. | 17 | 47 |
Woehlhoff v. Stategreen2 sentences2006“If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” [¶11] In Woehlhoff v. State , 487 N.W.2d 16, 17 (N.D. 1992), this Court said we use the same Strickland test to assess ineffective assistance of counsel claims under the state constitution. 2006“If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” [¶11] In Woehlhoff v. State , 487 N.W.2d 16, 17 (N.D. 1992), this Court said we use the same Strickland test to assess ineffective assistance of counsel claims under the state constitution. | 9 | 9 |
Hill v. Lockhartgreen2 sentences2023When taken as true, this mistake raises a genuine issue of fact under the first prong of the Strickland test. [¶8] To satisfy the second requirement of the Strickland test, Wootan “must show that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Hill v. Lockhart, 474 U.S. 52, 59 (1985). 2023When taken as true, this mistake raises a genuine issue of fact under the first prong of the Strickland test. [¶8] To satisfy the second requirement of the Strickland test, Wootan “must show that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Hill v. Lockhart, 474 U.S. 52, 59 (1985). | 6 | 17 |
Kamara v. Stategreen2 sentences2008See Johnson, at ¶ 17 (citing Kamara v. State, 2003 ND 179, ¶ 5 , 671 N.W.2d 811 ) (providing North Dakota’s adoption of the Strickland test in civil post-conviction relief proceedings). [¶ 31] In addition to demonstrating the elements of the Strickland standard, counsel’s deficiency must be readily apparent in the record on direct appeal in the context of termination cases. 2008See Johnson, at ¶ 17 (citing Kamara v. State, 2003 ND 179, ¶ 5 , 671 N.W.2d 811 ) (providing North Dakota’s adoption of the Strickland test in civil post-conviction relief proceedings). [¶ 31] In addition to demonstrating the elements of the Strickland standard, counsel’s deficiency must be readily apparent in the record on direct appeal in the context of termination cases. | 5 | 5 |
State v. McLaingreen2 sentences2014State v. McLain, 403 N.W.2d 16, 18 (N.D.1987). [¶ 8] In this case, Broadwell’s ineffective assistance of counsel claim can be disposed of by addressing the prejudice prong of the Strickland test. 2014State v. McLain, 403 N.W.2d 16, 18 (N.D.1987). [¶ 8] In this case, Broadwell’s ineffective assistance of counsel claim can be disposed of by addressing the prejudice prong of the Strickland test. | 3 | 7 |
Booth v. Stategreen2 sentences2025It is all too tempting to second-guess counsel’s assistance after conviction or adverse sentence.” Booth v. State, 2017 ND 97, ¶ 7 , 893 N.W.2d 186 (quoting Premo v. Moore, 562 U.S. 115, 122 (2011)). 3 [¶8] Under Strickland’s test, the applicant must show (1) “that counsel’s representation fell below an objective standard of reasonableness” and (2) “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Brewer v. State, 2019 ND 69, ¶ 5 , 924 N.W.2d 87 (quoting Rourke v. State, 2018 ND 137, ¶ 5 , 912 N.W.2d 2025It is all too tempting to second-guess counsel’s assistance after conviction or adverse sentence.” Booth v. State, 2017 ND 97, ¶ 7 , 893 N.W.2d 186 (quoting Premo v. Moore, 562 U.S. 115, 122 (2011)). 3 [¶8] Under Strickland’s test, the applicant must show (1) “that counsel’s representation fell below an objective standard of reasonableness” and (2) “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Brewer v. State, 2019 ND 69, ¶ 5 , 924 N.W.2d 87 (quoting Rourke v. State, 2018 ND 137, ¶ 5 , 912 N.W.2d | 2 | 11 |
Samaniego v. Stategreen2 sentences2025“A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Brewer, ¶ 9 (quoting Middleton v. State, 2014 ND 144, ¶ 6 , 849 N.W.2d 196 ). “[U]nless counsel’s errors are so blatantly and obviously prejudicial that they would in all cases, regardless of the other evidence presented, create a reasonable probability of a different result, the prejudicial effect of counsel’s errors must be assessed within the context of the remaining evidence properly presented and the overall conduct of the trial.” Brewer, ¶ 9 (quoting Middleton, ¶ 13). “‘Courts need not address 2025“A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Brewer, ¶ 9 (quoting Middleton v. State, 2014 ND 144, ¶ 6 , 849 N.W.2d 196 ). “[U]nless counsel’s errors are so blatantly and obviously prejudicial that they would in all cases, regardless of the other evidence presented, create a reasonable probability of a different result, the prejudicial effect of counsel’s errors must be assessed within the context of the remaining evidence properly presented and the overall conduct of the trial.” Brewer, ¶ 9 (quoting Middleton, ¶ 13). “‘Courts need not address | 2 | 6 |
Roe v. Flores-Ortegagreen2 sentences2016The Court defined “consult” as “advising the defendant about the advantages and disadvantages of taking an appeal, and making a reasonable effort to discover the defendant’s wishes.” Id. [¶ 9] The Court then used ' a modified version of the Strickland test to determine when such failure to consult with a client regarding an appeal constitutes deficient performance: counsel has a constitutionally imposed duty to consult with the defendant about an appeal when there is reason to think either (1) that a rational defendant would want to appeal (for example, because there are nonfrivolous grounds f 2016The Court defined “consult” as “advising the defendant about the advantages and disadvantages of taking an appeal, and making a reasonable effort to discover the defendant’s wishes.” Id. [¶ 9] The Court then used ' a modified version of the Strickland test to determine when such failure to consult with a client regarding an appeal constitutes deficient performance: counsel has a constitutionally imposed duty to consult with the defendant about an appeal when there is reason to think either (1) that a rational defendant would want to appeal (for example, because there are nonfrivolous grounds f | 2 | 6 |
Ernst v. Stategreen2 sentences2020Therefore, Velasquez failed the second prong of the Strickland test, which “is satisfied in the context of a guilty plea if the defendant shows ‘there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.’” Lindsey v. State, 2014 ND 174, ¶ 19 , 852 N.W.2d 383 (quoting Ernst v. State, 2004 ND 152, ¶ 10 , 683 N.W.2d 891 ). 2020Therefore, Velasquez failed the second prong of the Strickland test, which “is satisfied in the context of a guilty plea if the defendant shows ‘there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.’” Lindsey v. State, 2014 ND 174, ¶ 19 , 852 N.W.2d 383 (quoting Ernst v. State, 2004 ND 152, ¶ 10 , 683 N.W.2d 891 ). | 2 | 6 |
| First National Bank of Belfield v. Burichgreen | 2 | 2 |
| Dahl v. Stategreen | 2 | 2 |
| State v. Wolfgreen | 2 | 2 |
| Stoppleworth v. Stategreen | 2 | 2 |
| Emmaline Williams v. Odie Washington, Wardengreen | 2 | 2 |
| Ronald Lindsey, Sued as Ronald Devon Lindsey v. United Statesgreen | 2 | 2 |
| Lange v. Stategreen | 2 | 2 |
Osier v. Stategreen2 sentences2025“Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.” Id. ¶ 12 (quoting Osier v. State, 2014 ND 41, ¶ 11 , 843 N.W.2d 277 ). [¶3] We conclude the district court did not err when it found Duffi failed to establish prejudice resulting from the purportedly deficient representation. 2025“Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.” Id. ¶ 12 (quoting Osier v. State, 2014 ND 41, ¶ 11 , 843 N.W.2d 277 ). [¶3] We conclude the district court did not err when it found Duffi failed to establish prejudice resulting from the purportedly deficient representation. | 1 | 16 |
Sambursky v. Stategreen2 sentences2017To prevail on a post-conviction claim for ineffective assistance of counsel, the applicant must show “(1) counsel’s representation fell below an objective standard of reasonableness and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. (citing Strickland v. Washington, 466 U.S. 668, 687-96 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)). [¶ 13] Under the Strickland test, the first prong is measured “considering the prevailing professional norms,” and the petitioner must overcome the “strong presumption th 2017To prevail on a post-conviction claim for ineffective assistance of counsel, the applicant must show “(1) counsel’s representation fell below an objective standard of reasonableness and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. (citing Strickland v. Washington, 466 U.S. 668, 687-96 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)). [¶ 13] Under the Strickland test, the first prong is measured “considering the prevailing professional norms,” and the petitioner must overcome the “strong presumption th | 1 | 8 |
Lindsey v. Stategreen2 sentences2020Normally, the second prong of the Strickland test in the context of a guilty plea is satisfied if the defendant shows “there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Id. at ¶ 8 (quoting Lindsey, 2014 ND 174, ¶ 19 , 852 N.W.2d 383 ). 2020Normally, the second prong of the Strickland test in the context of a guilty plea is satisfied if the defendant shows “there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Id. at ¶ 8 (quoting Lindsey, 2014 ND 174, ¶ 19 , 852 N.W.2d 383 ). | 1 | 7 |
Broadwell v. Stategreen2 sentences2017See, e.g., Osier v. State, 2014 ND 41, ¶ 10 , 843 N.W.2d 277 . [¶ 8] “Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.” Osier, 2014 ND 41, ¶ 11 , 843 N.W.2d 277 ; see also Broadwell v. State, 2014 ND 6, ¶ 7 , 841 N.W.2d 750 . 2017See, e.g., Osier v. State, 2014 ND 41, ¶ 10 , 843 N.W.2d 277 . [¶ 8] “Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.” Osier, 2014 ND 41, ¶ 11 , 843 N.W.2d 277 ; see also Broadwell v. State, 2014 ND 6, ¶ 7 , 841 N.W.2d 750 . | 1 | 4 |
Greywind v. Stategreen2 sentences2017“If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Garcia v. State, 2004 ND 81, ¶ 5 , 678 N.W.2d 568 (quoting Strickland, 466 U.S. at 697 , 104 S.Ct. 2052 ); see also Greywind v. State, 2004 ND 213, ¶ 15 , 689 N.W.2d 390 . [¶ 9] “The second prong of the Strickland test is satisfied in the context of a guilty plea if the defendant shows ‘there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.’ 2017“If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Garcia v. State, 2004 ND 81, ¶ 5 , 678 N.W.2d 568 (quoting Strickland, 466 U.S. at 697 , 104 S.Ct. 2052 ); see also Greywind v. State, 2004 ND 213, ¶ 15 , 689 N.W.2d 390 . [¶ 9] “The second prong of the Strickland test is satisfied in the context of a guilty plea if the defendant shows ‘there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.’ | 1 | 3 |
| Padilla v. Kentuckygreen | 1 | 2 |
| Leavitt v. Stategreen | 1 | 2 |
| Thompson v. Stategreen | 1 | 2 |
| State v. Mickogreen | 1 | 2 |
| Premo v. Mooregreen | 1 | 1 |
| State v. Schlickenmayergreen | 1 | 1 |
| Mertz v. Stategreen | 1 | 1 |
| State v. Steffesgreen | 1 | 1 |
| Benter v. Stategreen | 1 | 1 |
| State v. Bentergreen | 1 | 1 |
| Hubbard v. Stategreen | 1 | 1 |
| Interest of P.T.D., C.R.D., P.A.D., P.P.D., & N.A.D.green | 1 | 1 |
| Moore v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| Arlester E. Scott v. Jim Jones and William L. Webstergreen | 2 | 2 |
| Case | Cited | Years |
|---|---|---|
Rourke v. State
green
2 sentences2025It is all too tempting to second-guess counsel’s assistance after conviction or adverse sentence.” Booth v. State, 2017 ND 97, ¶ 7 , 893 N.W.2d 186 (quoting Premo v. Moore, 562 U.S. 115, 122 (2011)). 3 [¶8] Under Strickland’s test, the applicant must show (1) “that counsel’s representation fell below an objective standard of reasonableness” and (2) “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Brewer v. State, 2019 ND 69, ¶ 5 , 924 N.W.2d 87 (quoting Rourke v. State, 2018 ND 137, ¶ 5 , 912 N.W.2d 2025It is all too tempting to second-guess counsel’s assistance after conviction or adverse sentence.” Booth v. State, 2017 ND 97, ¶ 7 , 893 N.W.2d 186 (quoting Premo v. Moore, 562 U.S. 115, 122 (2011)). 3 [¶8] Under Strickland’s test, the applicant must show (1) “that counsel’s representation fell below an objective standard of reasonableness” and (2) “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Brewer v. State, 2019 ND 69, ¶ 5 , 924 N.W.2d 87 (quoting Rourke v. State, 2018 ND 137, ¶ 5 , 912 N.W.2d | 9 | 2019–2025 |
Garcia v. State
green
2 sentences2017“If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Garcia v. State, 2004 ND 81, ¶ 5 , 678 N.W.2d 568 (quoting Strickland, 466 U.S. at 697 , 104 S.Ct. 2052 ); see also Greywind v. State, 2004 ND 213, ¶ 15 , 689 N.W.2d 390 . [¶ 9] “The second prong of the Strickland test is satisfied in the context of a guilty plea if the defendant shows ‘there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.’ 2017“If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Garcia v. State, 2004 ND 81, ¶ 5 , 678 N.W.2d 568 (quoting Strickland, 466 U.S. at 697 , 104 S.Ct. 2052 ); see also Greywind v. State, 2004 ND 213, ¶ 15 , 689 N.W.2d 390 . [¶ 9] “The second prong of the Strickland test is satisfied in the context of a guilty plea if the defendant shows ‘there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.’ | 9 | 2004–2025 |
Rencountre v. State
neutral
2 sentences2016Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.” Rencountre v. State, 2015 ND 62, ¶ 7 , 860 N.W.2d 837 (internal citations and quotation marks omitted). [¶ 11] In the context of a guilty plea the" defendant must show “there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Lindsey v. State, 2014 ND 174, ¶ 19 , 852 N.W.2d 383 (internal citations and quotation marks omitted). 2016Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.” Rencountre v. State, 2015 ND 62, ¶ 7 , 860 N.W.2d 837 (internal citations and quotation marks omitted). [¶ 11] In the context of a guilty plea the" defendant must show “there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Lindsey v. State, 2014 ND 174, ¶ 19 , 852 N.W.2d 383 (internal citations and quotation marks omitted). | 9 | 2015–2023 |
Stein v. State
neutral
2 sentences2023Stein v. State, 2018 ND 264, ¶ 6 , 920 N.W.2d 477 (citing Strickland v. Washington, 466 U.S. 668, 687-88 (1984)) (providing the analytical framework for ineffective assistance of counsel claims). [¶7] To satisfy the first requirement of the Strickland test, Wootan’s evidence, when taken in the light most favorable to Wootan, must show his attorney’s representation fell below an objective standard of reasonableness. 2023Stein v. State, 2018 ND 264, ¶ 6 , 920 N.W.2d 477 (citing Strickland v. Washington, 466 U.S. 668, 687-88 (1984)) (providing the analytical framework for ineffective assistance of counsel claims). [¶7] To satisfy the first requirement of the Strickland test, Wootan’s evidence, when taken in the light most favorable to Wootan, must show his attorney’s representation fell below an objective standard of reasonableness. | 4 | 2019–2023 |
Laib v. State
green
2 sentences2018"The defendant must first overcome the 'strong presumption' that trial counsel's representation fell within the wide range of reasonable professional assistance, and courts must consciously attempt to limit the distorting effect of hindsight." Laib v. State , 2005 ND 187 , ¶ 9, 705 N.W.2d 845 . [¶ 29] The Strickland test applies to guilty pleas based on ineffective assistance of counsel. 2018"The defendant must first overcome the 'strong presumption' that trial counsel's representation fell within the wide range of reasonable professional assistance, and courts must consciously attempt to limit the distorting effect of hindsight." Laib v. State , 2005 ND 187 , ¶ 9, 705 N.W.2d 845 . [¶ 29] The Strickland test applies to guilty pleas based on ineffective assistance of counsel. | 4 | 2013–2018 |
Mathre v. State
green
2 sentences2013Greywind , 2004 ND 213, ¶ 13 , 689 N.W.2d 390 ; Mathre v. State , 2000 ND 201, ¶ 3 , 619 N.W.2d 627 . 2013Greywind , 2004 ND 213, ¶ 13 , 689 N.W.2d 390 ; Mathre v. State , 2000 ND 201, ¶ 3 , 619 N.W.2d 627 . | 4 | 2005–2013 |
State v. Gomez
neutral
2 sentences2025Under Strickland’s test, the applicant must show (1) “that counsel’s representation fell below an objective standard of reasonableness” and (2) “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Brewer v. State, 2019 ND 69, ¶ 5 , 924 N.W.2d 87 (quoting Rourke v. State, 2018 ND 137, ¶ 5 , 912 N.W.2d 311 ). 2025It is all too tempting to second-guess counsel’s assistance after conviction or adverse sentence.” Booth v. State, 2017 ND 97, ¶ 7 , 893 N.W.2d 186 (quoting Premo v. Moore, 562 U.S. 115, 122 (2011)). 3 [¶8] Under Strickland’s test, the applicant must show (1) “that counsel’s representation fell below an objective standard of reasonableness” and (2) “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Brewer v. State, 2019 ND 69, ¶ 5 , 924 N.W.2d 87 (quoting Rourke v. State, 2018 ND 137, ¶ 5 , 912 N.W.2d | 3 | 2022–2025 |
Thomas v. State
neutral
2 sentences2023Kratz v. State, 2022 ND 188, ¶ 12 , 981 N.W.2d 891 (cleaned up) (explaining the Strickland test). [¶22] “If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Thomas v. State, 2021 ND 173, ¶ 17 , 964 N.W.2d 739 ; Rourke v. State, 2018 ND 137, ¶ 6 , 912 N.W.2d 311 (citations omitted) (“Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.”). 2023Kratz v. State, 2022 ND 188, ¶ 12 , 981 N.W.2d 891 (cleaned up) (explaining the Strickland test). [¶22] “If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Thomas v. State, 2021 ND 173, ¶ 17 , 964 N.W.2d 739 ; Rourke v. State, 2018 ND 137, ¶ 6 , 912 N.W.2d 311 (citations omitted) (“Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.”). | 3 | 2022–2025 |
Brewer v. State
green
2 sentences2025Under Strickland’s test, the applicant must show (1) “that counsel’s representation fell below an objective standard of reasonableness” and (2) “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Brewer v. State, 2019 ND 69, ¶ 5 , 924 N.W.2d 87 (quoting Rourke v. State, 2018 ND 137, ¶ 5 , 912 N.W.2d 311 ). 2025It is all too tempting to second-guess counsel’s assistance after conviction or adverse sentence.” Booth v. State, 2017 ND 97, ¶ 7 , 893 N.W.2d 186 (quoting Premo v. Moore, 562 U.S. 115, 122 (2011)). 3 [¶8] Under Strickland’s test, the applicant must show (1) “that counsel’s representation fell below an objective standard of reasonableness” and (2) “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Brewer v. State, 2019 ND 69, ¶ 5 , 924 N.W.2d 87 (quoting Rourke v. State, 2018 ND 137, ¶ 5 , 912 N.W.2d | 3 | 2022–2025 |
Kratz v. State
green
2 sentences2023Kratz v. State, 2022 ND 188, ¶ 12 , 981 N.W.2d 891 (cleaned up) (explaining the Strickland test). [¶22] “If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Thomas v. State, 2021 ND 173, ¶ 17 , 964 N.W.2d 739 ; Rourke v. State, 2018 ND 137, ¶ 6 , 912 N.W.2d 311 (citations omitted) (“Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.”). 2023Kratz v. State, 2022 ND 188, ¶ 12 , 981 N.W.2d 891 (cleaned up) (explaining the Strickland test). [¶22] “If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Thomas v. State, 2021 ND 173, ¶ 17 , 964 N.W.2d 739 ; Rourke v. State, 2018 ND 137, ¶ 6 , 912 N.W.2d 311 (citations omitted) (“Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.”). | 3 | 2023–2024 |
Koon v. State
neutral
2 sentences2024A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Id. (quoting Koon, 2023 ND 247, ¶ 22 ). [¶9] “Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.” Rourke v. State, 2018 ND 137, ¶ 6 , 912 N.W.2d 311 (quoting Booth v. State, 2017 ND 97, ¶ 8 , 893 N.W.2d 186 ). 2024A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Id. (quoting Koon, 2023 ND 247, ¶ 22 ). [¶9] “Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.” Rourke v. State, 2018 ND 137, ¶ 6 , 912 N.W.2d 311 (quoting Booth v. State, 2017 ND 97, ¶ 8 , 893 N.W.2d 186 ). | 3 | 2024–2024 |
Bahtiraj v. State
green
2 sentences2020“The two-part Strickland test ‘applies to challenges to guilty pleas based on ineffective assistance of counsel.’” Booth, 2017 ND 97, ¶ 7 , 893 N.W.2d 186 (quoting Bahtiraj v. State, 2013 ND 240, ¶ 9 , 840 N.W.2d 605 ). 2020“The two-part Strickland test ‘applies to challenges to guilty pleas based on ineffective assistance of counsel.’” Booth, 2017 ND 97, ¶ 7 , 893 N.W.2d 186 (quoting Bahtiraj v. State, 2013 ND 240, ¶ 9 , 840 N.W.2d 605 ). | 3 | 2016–2020 |
Myers v. State
neutral
2 sentences2018Henke v. State , 2009 ND 117 , ¶ 16, 767 N.W.2d 881 (citing Myers v. State , 2009 ND 13 , ¶ 12, 760 N.W.2d 362 ). 2018Henke v. State , 2009 ND 117 , ¶ 16, 767 N.W.2d 881 (citing Myers v. State , 2009 ND 13 , ¶ 12, 760 N.W.2d 362 ). | 3 | 2018–2018 |
Henke v. State
green
2 sentences2018Henke v. State , 2009 ND 117 , ¶ 16, 767 N.W.2d 881 (citing Myers v. State , 2009 ND 13 , ¶ 12, 760 N.W.2d 362 ). 2018Henke v. State , 2009 ND 117 , ¶ 16, 767 N.W.2d 881 (citing Myers v. State , 2009 ND 13 , ¶ 12, 760 N.W.2d 362 ). | 3 | 2018–2018 |
Ude v. State
green
2 sentences2018This Court has stated, "[a] petitioner may allege ineffective assistance of counsel based on matters occurring outside the court record or transcript, and when appropriate, a district court should consider evidence of ineffective assistance of counsel beyond the record." Id. (quoting Ude v. State , 2009 ND 71 , ¶ 15, 764 N.W.2d 419 ). [¶ 9] In the present case, the district court reviewed Stein's allegations, compared those allegations to the record and concluded Stein's allegations were in direct conflict with a clear and unambiguous record, and therefore Stein failed to satisfy the first pro 2018This Court has stated, "[a] petitioner may allege ineffective assistance of counsel based on matters occurring outside the court record or transcript, and when appropriate, a district court should consider evidence of ineffective assistance of counsel beyond the record." Id. (quoting Ude v. State , 2009 ND 71 , ¶ 15, 764 N.W.2d 419 ). [¶ 9] In the present case, the district court reviewed Stein's allegations, compared those allegations to the record and concluded Stein's allegations were in direct conflict with a clear and unambiguous record, and therefore Stein failed to satisfy the first pro | 3 | 2018–2018 |
Flanagan v. State
green
2 sentences2015Id. [¶ 9] The two-part Strickland test “applies to challenges to guilty pleas based on ineffective assistance of counsel.” Hill v. Lockhart, 474 U.S. 52, 58 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985). 2015Id. [¶ 9] The two-part Strickland test “applies to challenges to guilty pleas based on ineffective assistance of counsel.” Hill v. Lockhart, 474 U.S. 52, 58 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985). | 3 | 2008–2015 |
| Breding v. State green | 3 | 2008–2008 |
| Middleton v. State green | 2 | 2025–2025 |
| Edwardson v. State green | 2 | 2020–2025 |
| Urrabazo v. State green | 2 | 2024–2024 |
| Pfeffer v. State green | 2 | 2023–2023 |
| Coppage v. State green | 2 | 2014–2015 |
| Dahl v. State green | 2 | 2014–2015 |
| Coppage v. State green | 2 | 2014–2015 |
| Berlin v. State green | 2 | 2004–2013 |
| Damron v. State neutral | 2 | 2005–2005 |
| Syvertson v. State green | 2 | 2004–2004 |
| Kremer v. State neutral | 1 | 2025–2025 |
| Forsman v. Blues Brews and Bar-B-Ques Inc. green | 1 | 2025–2025 |
| DeCoteau v. State green | 1 | 2025–2025 |
| Schweitzer v. State neutral | 1 | 2025–2025 |
| Campbell v. State neutral | 1 | 2025–2025 |
| Isxaaq v. State green | 1 | 2025–2025 |
| Lindeman v. State green | 1 | 2025–2025 |
| Rugland v. State neutral | 1 | 2025–2025 |
| State v. Wilder neutral | 1 | 2022–2022 |
| In Re Disciplinary Action Against McKechnie green | 1 | 2021–2021 |
| State v. Holbach green | 1 | 2021–2021 |
| State v. Awad neutral | 1 | 2021–2021 |
| Lafler v. Cooper green | 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.