107 Louisiana opinions name it 2 courts 1992–2026 25 in the last five years
The cases below were cited by Louisiana 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 |
|---|---|---|
United States of America v. James Thomas Phillipsgreen2 sentences2026United States v. Phillips, 210 F.3d 345, 350 (5th Cir. 2000). 2026United States v. Phillips, 210 F.3d 345, 350 (5th Cir. 2000). | 7 | 10 |
Strickland v. Washingtongreen2 sentences2024A defendant must “show that counsel made errors so serious that he was not operating as the type of counsel guaranteed by the Sixth Amendment to the United States Constitution.” State v. Boyd, 2014-0408, p. 7 (La.App. 4 Cir. 7/25/18), 318 So.3d 397 , 402 (citation omitted). 4 The Strickland test of ineffective assistance affords a "highly deferential" standard of review to the actions of counsel to eliminate, as far as possible, "the distorting effects of hindsight, to reconstruct the circumstances of counsel's conduct, and to evaluate the conduct from counsel's perspective at the time." Stric 2024A defendant must “show that counsel made errors so serious that he was not operating as the type of counsel guaranteed by the Sixth Amendment to the United States Constitution.” State v. Boyd, 2014-0408, p. 7 (La.App. 4 Cir. 7/25/18), 318 So.3d 397 , 402 (citation omitted). 4 The Strickland test of ineffective assistance affords a "highly deferential" standard of review to the actions of counsel to eliminate, as far as possible, "the distorting effects of hindsight, to reconstruct the circumstances of counsel's conduct, and to evaluate the conduct from counsel's perspective at the time." Stric | 4 | 32 |
State v. Mylesgreen2 sentences2024An appellate court therefore "does not sit to second-guess strategic and tactical choices made by trial counsel." State v. Myles, 389 So.2d 12, 39 (La. 1980); see also State v. Leonard, 2018-0142, p. 21 (La.App. 4 Cir. 12/26/18), 262 So.3d 378 , 391. 2024An appellate court therefore "does not sit to second-guess strategic and tactical choices made by trial counsel." State v. Myles, 389 So.2d 12, 39 (La. 1980); see also State v. Leonard, 2018-0142, p. 21 (La.App. 4 Cir. 12/26/18), 262 So.3d 378 , 391. | 4 | 4 |
Hill v. Lockhartgreen2 sentences2025When a defendant claims that counsel’s ineffective assistance rendered a guilty plea invalid, the Strickland analysis under the first deficiency prong remains the same, whereas under the second prejudice prong, “the defendant 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, 58-59 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203 (1985). 1 La. 2025When a defendant claims that counsel’s ineffective assistance rendered a guilty plea invalid, the Strickland analysis under the first deficiency prong remains the same, whereas under the second prejudice prong, “the defendant 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, 58-59 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203 (1985). 1 La. | 1 | 13 |
State v. Stillergreen2 sentences2021App. 5 Cir. 7/26/17), 225 So.3d 1154, 1157 (citing Hill v. Lockhart, 474 U.S. 52, 58-59 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203 (1985)). 2021App. 5 Cir. 7/26/17), 225 So.3d 1154, 1157 (citing Hill v. Lockhart, 474 U.S. 52, 58-59 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203 (1985)). | 1 | 5 |
United States v. Cronicgreen2 sentences2016Even though the fifth and sixth assignments of error are worded in terms of “denial of right to counsel,” the argument is essentially one of ineffective assistance of counsel, which this court has consistently reviewed under the Strickland standard.32 In United States v. Cronic, decided the same day as Strickland v. Washington, the Supreme Court created a limited exception to the application of Strickland’s two-part test in situations that “are so likely to prejudice the accused that the cost of litigating their effect in the particular case is unjustified.” Cronic, 466 U.S. at 658 , 104 S.Ct. 2016Even though the fifth and sixth assignments of error are worded in terms of “denial of right to counsel,” the argument is essentially one of ineffective assistance of counsel, which this court has consistently reviewed under the Strickland standard.32 In United States v. Cronic, decided the same day as Strickland v. Washington, the Supreme Court created a limited exception to the application of Strickland’s two-part test in situations that “are so likely to prejudice the accused that the cost of litigating their effect in the particular case is unjustified.” Cronic, 466 U.S. at 658 , 104 S.Ct. | 1 | 3 |
State v. Washingtongreen2 sentences2018See Strickland , 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), (where the United States Supreme Court found that to establish that counsel was ineffective, a defendant must show that: (1) his trial counsel's performance fell below an objective standard of reasonableness; and (2) he suffered prejudice as a result.); also see State v. Washington , 491 So.2d 1337 , 1339 (La.1986), (which adopted the Strickland test). 2018See Strickland , 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), (where the United States Supreme Court found that to establish that counsel was ineffective, a defendant must show that: (1) his trial counsel's performance fell below an objective standard of reasonableness; and (2) he suffered prejudice as a result.); also see State v. Washington , 491 So.2d 1337 , 1339 (La.1986), (which adopted the Strickland test). | 1 | 3 |
McCoy v. Louisianagreen2 sentences2026Under Strickland, defendants must first show a deficient performance, such that the attorney’s error was so serious that counsel was not functioning as the counsel 5 We recognize that “[b]ecause a client’s autonomy, not counsel’s competence, is in issue, we do not apply our ineffective-assistance-of-counsel jurisprudence.” McCoy v. Louisiana, 584 U.S. 414, 426 (2018). 2026Under Strickland, defendants must first show a deficient performance, such that the attorney’s error was so serious that counsel was not functioning as the counsel 5 We recognize that “[b]ecause a client’s autonomy, not counsel’s competence, is in issue, we do not apply our ineffective-assistance-of-counsel jurisprudence.” McCoy v. Louisiana, 584 U.S. 414, 426 (2018). | 1 | 1 |
Phillip Hartsfield v. Stephanie Dorethygreen1 sentence2026Consistent with this reasoning, “[t]he Strickland standard applies to any claim by the defendant that defense counsel has not discharged [his] responsibility—either by failing to inform the defendant of the right to testify or by overriding the defendant’s desire to testify.” Hartsfield v. Dorethy, 949 F.3d 307, 313 (7th Cir. 2020) (quoting Brown v. Artuz, 124 F.3d 73 (2d Cir.1997); internal quotation marks omitted). | 1 | 1 |
State v. Leonardgreen2 sentences2024An appellate court therefore "does not sit to second-guess strategic and tactical choices made by trial counsel." State v. Myles, 389 So.2d 12, 39 (La. 1980); see also State v. Leonard, 2018-0142, p. 21 (La.App. 4 Cir. 12/26/18), 262 So.3d 378 , 391. 2024An appellate court therefore "does not sit to second-guess strategic and tactical choices made by trial counsel." State v. Myles, 389 So.2d 12, 39 (La. 1980); see also State v. Leonard, 2018-0142, p. 21 (La.App. 4 Cir. 12/26/18), 262 So.3d 378 , 391. | 1 | 1 |
| Neelley v. Stategreen | 1 | 1 |
| Bryant v. Scottgreen | 1 | 1 |
| Cooke v. Stategreen | 1 | 1 |
| Lafler v. Coopergreen | 1 | 1 |
| Glover v. United Statesgreen | 1 | 1 |
| State v. Prudhommegreen | 1 | 1 |
| In Re Medical Review Panel of Piersongreen | 1 | 1 |
| State v. Kinggreen | 1 | 1 |
| State v. Kinggreen | 1 | 1 |
| State v. Maygreen | 1 | 1 |
| State v. Kaheygreen | 1 | 1 |
| State v. Wisingergreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Casimer
green
2 sentences2025Id. 2025Id. | 11 | 2013–2025 |
State v. Dabney
green
2 sentences2011A claim of ineffective assistance of counsel must satisfy the two-prong test set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); State v. Dabney, 05-53 (La.App. 5 Cir. 6/28/05) , 908 So.2d 60, 63 . | aUnder the Strickland test, the defendant must show: (1) that counsel’s performance was deficient, that is, that the performance fell below an objective standard of reasonableness under prevailing professional norms; and (2) that the deficient performance prejudiced the defense. 2011A claim of ineffective assistance of counsel must satisfy the two-prong test set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); State v. Dabney, 05-53 (La.App. 5 Cir. 6/28/05) , 908 So.2d 60, 63 . | aUnder the Strickland test, the defendant must show: (1) that counsel’s performance was deficient, that is, that the performance fell below an objective standard of reasonableness under prevailing professional norms; and (2) that the deficient performance prejudiced the defense. | 8 | 2009–2014 |
Earnest Knighton, Jr. v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary
green
2 sentences1998Knighton v. Maggio, 740 F.2d 1344 (5th Cir.1984). 1998Knighton v. Maggio, 740 F.2d 1344 (5th Cir.1984). | 5 | 1993–1998 |
State v. Weiland
green
2 sentences2015ERRORS PATENT We have reviewed the record for errors patent in accordance with La.C.Cr.P. art. 920; State v. Oliveaux, 312 So.2d 337 (La.1975); and State v. Weiland, 556 So.2d 175 (La.App. 5 Cir.1990). 2015ERRORS PATENT We have reviewed the record for errors patent in accordance with La.C.Cr.P. art. 920; State v. Oliveaux, 312 So.2d 337 (La.1975); and State v. Weiland, 556 So.2d 175 (La.App. 5 Cir.1990). | 3 | 2000–2015 |
State v. Oliveaux
green
2 sentences2015ERRORS PATENT We have reviewed the record for errors patent in accordance with La.C.Cr.P. art. 920; State v. Oliveaux, 312 So.2d 337 (La.1975); and State v. Weiland, 556 So.2d 175 (La.App. 5 Cir.1990). 2015ERRORS PATENT We have reviewed the record for errors patent in accordance with La.C.Cr.P. art. 920; State v. Oliveaux, 312 So.2d 337 (La.1975); and State v. Weiland, 556 So.2d 175 (La.App. 5 Cir.1990). | 3 | 2000–2015 |
State v. Gipson
neutral
2 sentences2011State v. Gipson, 28,113 (La.App. 2 Cir. 6/26/96), 677 So.2d 544 , writ denied, 96-2303 (La.1/31/97), 687 So.2d 402 . 2011State v. Gipson, 28,113 (La.App. 2 Cir. 6/26/96), 677 So.2d 544 , writ denied, 96-2303 (La.1/31/97), 687 So.2d 402 . | 3 | 1999–2011 |
State v. Gipson
neutral
2 sentences2011State v. Gipson, 28,113 (La.App. 2 Cir. 6/26/96), 677 So.2d 544 , writ denied, 96-2303 (La.1/31/97), 687 So.2d 402 . 2011State v. Gipson, 28,113 (La.App. 2 Cir. 6/26/96), 677 So.2d 544 , writ denied, 96-2303 (La.1/31/97), 687 So.2d 402 . | 3 | 1999–2011 |
State v. Wry
green
2 sentences1996State v. Wry, 591 So.2d 774 (La.App. 2d Cir.1991); Knighton v. Maggio, 740 F.2d 1344 (5th Cir.1984). 1996State v. Wry, 591 So.2d 774 (La.App. 2d Cir.1991); Knighton v. Maggio, 740 F.2d 1344 (5th Cir.1984). | 3 | 1993–1996 |
State v. Hoffman
green
2 sentences2025The appellate courts of this State adhere to the Strickland standard in evaluating claims of ineffective assistance of counsel.49 In evaluating a claim of ineffective assistance of counsel, there is a strong presumption that counsel’s performance is within the wide range of effective representation and that counsel rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.50 Effective counsel does not mean errorless counsel, and the reviewing court should not evaluate counsel’s performance based on hindsight but rather, should determine 2025The appellate courts of this State adhere to the Strickland standard in evaluating claims of ineffective assistance of counsel.49 In evaluating a claim of ineffective assistance of counsel, there is a strong presumption that counsel’s performance is within the wide range of effective representation and that counsel rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.50 Effective counsel does not mean errorless counsel, and the reviewing court should not evaluate counsel’s performance based on hindsight but rather, should determine | 2 | 2006–2025 |
Padilla v. Kentucky
green
2 sentences2021Also see Padilla v. Kentucky, 559 US. 356, 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), where the United States Supreme Court recognized a Strickland claim for ineffective assistance of counsel in connection with legal advice provided prior to the defendant’s pre-trial plea. 2021Also see Padilla v. Kentucky, 559 US. 356, 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), where the United States Supreme Court recognized a Strickland claim for ineffective assistance of counsel in connection with legal advice provided prior to the defendant’s pre-trial plea. | 2 | 2020–2021 |
State v. Cambrice
green
2 sentences2019State v. Cambrice , 2015-2362 (La. 10/17/16), 202 So.3d 482 , 487, citing United States v. Phillips , 210 F.3d 345 (5th Cir. 2000). 2019State v. Cambrice , 2015-2362 (La. 10/17/16), 202 So.3d 482 , 487, citing United States v. Phillips , 210 F.3d 345 (5th Cir. 2000). | 2 | 2019–2019 |
State v. McAdory
green
2 sentences2018In McAdory , 237 So.3d 539 , this court reviewed Vernon Parish plea forms, where the State argued that the defendant waived his right to raise sentencing issues on appeal by signing the form. 2018In McAdory , 237 So.3d 539 , this court reviewed Vernon Parish plea forms, where the State argued that the defendant waived his right to raise sentencing issues on appeal by signing the form. | 2 | 2018–2018 |
State v. Ott
green
2 sentences2017Ott, supra. This requires showing that counsel’s errors were so serious as to deprive the defendant of a trial whose result is reliable. 2017Ott, supra. This requires showing that counsel’s errors were so serious as to deprive the defendant of a trial whose result is reliable. | 2 | 2017–2017 |
State v. Jones
neutral
2 sentences2001State v. Jones, 29,805 (La.App. 2nd Cir.9/24/97), 700 So.2d 1034 . 2001State v. Jones, 29,805 (La.App. 2nd Cir.9/24/97), 700 So.2d 1034 . | 2 | 1999–2001 |
James Brown v. Christopher Artuz
green
1 sentence2026Consistent with this reasoning, “[t]he Strickland standard applies to any claim by the defendant that defense counsel has not discharged [his] responsibility—either by failing to inform the defendant of the right to testify or by overriding the defendant’s desire to testify.” Hartsfield v. Dorethy, 949 F.3d 307, 313 (7th Cir. 2020) (quoting Brown v. Artuz, 124 F.3d 73 (2d Cir.1997); internal quotation marks omitted). | 1 | 2026–2026 |
Boykin v. Alabama
green
2 sentences2024As an initial matter, Defendant’s resentencing transcript reflects that the district court fully advised him of his constitutionally guaranteed right to trial by jury, right of confrontation, and right against compulsory self-incrimination as required by Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969), and State ex rel. 2024As an initial matter, Defendant’s resentencing transcript reflects that the district court fully advised him of his constitutionally guaranteed right to trial by jury, right of confrontation, and right against compulsory self-incrimination as required by Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969), and State ex rel. | 1 | 2024–2024 |
State v. Taylor
neutral
2 sentences2024State v. Taylor, 2018-0192, p. 2 (La.App. 4 Cir. 5/23/18) 247 So.3d 1192, 1194 . 2024State v. Taylor, 2018-0192, p. 2 (La.App. 4 Cir. 5/23/18) 247 So.3d 1192, 1194 . | 1 | 2024–2024 |
State v. Fields
green
2 sentences2022App. 4 Cir. 4/29/09), 11 3 So. 3d 541 , 546, writ denied, 09-1186 (La. 1/29/10), 25 So. 3d 829 (where this Court found that the defendant’s “general assertion that his trial counsel was unprepared is insufficient to satisfy the two-pronged Strickland test for establishing ineffective assistance of counsel.”). 2022App. 4 Cir. 4/29/09), 11 3 So. 3d 541 , 546, writ denied, 09-1186 (La. 1/29/10), 25 So. 3d 829 (where this Court found that the defendant’s “general assertion that his trial counsel was unprepared is insufficient to satisfy the two-pronged Strickland test for establishing ineffective assistance of counsel.”). | 1 | 2022–2022 |
| Horace Luckey, III v. Joe Frank Harris, Governor green | 1 | 2021–2021 |
People for Responsible Omaha Urban Development v. Army Corps of Engineers
green
1 sentence2021In Luckey v. Harris, 860 F.2d 1012 (11th Cir. 1988), cert. denied, 495 U.S. 957 , 110 S.Ct. 2562 , 109 L.Ed.2d 744 (1990), class action plaintiffs (indigent persons currently charged or who will be charged with a crime in Georgia) contended that systemic delays in the appointment of counsel denied them their Sixth Amendment right to the assistance of counsel at critical stages in the criminal process; hampered the ability of their counsel to defend them; effectively denied them their right to bail; that their appointed attorneys were denied investigative and expert resources necessary to defen | 1 | 2021–2021 |
Underwood v. Servicemen's Group Insurance
green
1 sentence2021In Luckey v. Harris, 860 F.2d 1012 (11th Cir. 1988), cert. denied, 495 U.S. 957 , 110 S.Ct. 2562 , 109 L.Ed.2d 744 (1990), class action plaintiffs (indigent persons currently charged or who will be charged with a crime in Georgia) contended that systemic delays in the appointment of counsel denied them their Sixth Amendment right to the assistance of counsel at critical stages in the criminal process; hampered the ability of their counsel to defend them; effectively denied them their right to bail; that their appointed attorneys were denied investigative and expert resources necessary to defen | 1 | 2021–2021 |
| State v. Rouser green | 1 | 2019–2019 |
| State ex rel. Ott v. State neutral | 1 | 2017–2017 |
| Florida v. Nixon green | 1 | 2016–2016 |
| Bell v. Cone green | 1 | 2016–2016 |
| Jones v. Barnes green | 1 | 2016–2016 |
| State v. Ruffin green | 1 | 2015–2015 |
| State v. Boyd green | 1 | 2015–2015 |
| State v. Griffin neutral | 1 | 2015–2015 |
| State v. Serio green | 1 | 2013–2013 |
| State v. Serio neutral | 1 | 2013–2013 |
| STATE EX REL. BROWN v. State neutral | 1 | 2012–2012 |
| State v. Pendelton green | 1 | 2012–2012 |
| State v. Harrell green | 1 | 2012–2012 |
| State v. Pendelton green | 1 | 2012–2012 |
| State v. Suggs green | 1 | 2012–2012 |
| State v. Nicholson green | 1 | 2010–2010 |
| State v. Brown green | 1 | 2006–2006 |
| State v. Addison green | 1 | 2006–2006 |
| State v. Brown green | 1 | 2006–2006 |
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.