15 Oregon opinions name it 2 courts 2015–2022 1 in the last five years
The cases below were cited by Oregon 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 |
|---|---|---|
Montez v. Czerniakgreen2 sentences2017Moreover, the post-conviction court should not focus solely on the possible benefits of strategies that trial counsel did not pursue, but should instead determine “whether the strategy that defense counsel did employ was reasonable.” Pereida-Alba, 356 Or at 674 (emphasis added); see Montez, 355 Or at 24 (“The fact that petitioner would, in retrospect, have implemented his *** defense in one or more different ways is not a ground for post-conviction relief if counsel acted reasonably in presenting the defense that they did.”). 2017In those circumstances, “whether the failure to consider an issue constitutes inadequate assistance will turn on, among other things, whether the strategy that defense counsel did employ was reasonable, the relationship between the evidence or theory that defense counsel failed to consider and the strategy that counsel did pursue, and the extent to which counsel should have been aware of the strategy that petitioner now identifies.” Id. at 674 (citing Montez, 355 Or at 24). | 8 | 8 |
Pereida-Alba v. Courseygreen2 sentences2022And in Pereida-Alba, we explained that whether it is unreasonable for a lawyer to fail to even consider pursuing a particular course of action “will turn on” the particular circumstances of the case, including “whether the strategy that defense counsel did employ was reasonable, the relationship between the evidence or theory that defense counsel failed to consider and the strategy that counsel did pursue, and the extent to Cite as 369 Or 422 (2022) 447 which counsel should have been aware of the strategy that petitioner now identifies.” 356 Or at 674 . 2022And to the extent that the attorney has failed even “to consider an issue,” our assessment of reasonableness “will turn on, among other things, whether the strategy that defense counsel did employ was reasonable, the relationship between the evidence or theory that defense counsel failed Cite as 369 Or 422 (2022) 451 to consider and the strategy that counsel did pursue, and the extent to which counsel should have been aware of the strategy that petitioner now identifies.” Pereida-Alba, 356 Or at 674 . | 3 | 10 |
Sullivan v. Popoffgreen1 sentence2020Where, on the other hand, a trial attorney has failed to make a conscious decision as to the challenged act or omission, we must evaluate whether that “failure to make a conscious decision about the matter in question is reasonable under the particular circumstances of the case, examining, among other things, whether the strategy that defense counsel did employ was reasonable, the relationship between the evidence or theory that defense counsel failed to consider and the strategy that counsel did pursue, and the extent to which counsel should have been aware of the strategy that petitioner now | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Premo
green
2 sentences2017Cite as 361 Or 688 (2017) 703 In this case, the post-conviction court determined that “trial counsel limited the universe of options from which to make an informed decision by choosing not to con- sider hiring a toxicologist. 2017Cite as 361 Or 688 (2017) 703 In this case, the post-conviction court determined that “trial counsel limited the universe of options from which to make an informed decision by choosing not to con- sider hiring a toxicologist. | 2 | 2017–2017 |
Yarborough v. Gentry
green
2 sentences2015See id. at 24 (“The fact that petitioner would, in retrospect, have implemented his mitigation defense in one or more different ways is not a ground for post-conviction relief if counsel acted reasonably in presenting the defense that they did.”); cf. Yarborough v. Gentry, 540 US 1, 9 , 124 S Ct 1 , 157 L Ed 2d 1 (2003) (even if defense counsel inadvertently failed to discuss certain facts and themes in closing argument, that failure was not unreasonable in light of the themes that counsel did pursue). 2015See id. at 24 (“The fact that petitioner would, in retrospect, have implemented his mitigation defense in one or more different ways is not a ground for post-conviction relief if counsel acted reasonably in presenting the defense that they did.”); cf. Yarborough v. Gentry, 540 US 1, 9 , 124 S Ct 1 , 157 L Ed 2d 1 (2003) (even if defense counsel inadvertently failed to discuss certain facts and themes in closing argument, that failure was not unreasonable in light of the themes that counsel did pursue). | 2 | 2015–2015 |
Jackson v. Franke
green
2 sentences2022And in Pereida-Alba, we explained that whether it is unreasonable for a lawyer to fail to even consider pursuing a particular course of action “will turn on” the particular circumstances of the case, including “whether the strategy that defense counsel did employ was reasonable, the relationship between the evidence or theory that defense counsel failed to consider and the strategy that counsel did pursue, and the extent to Cite as 369 Or 422 (2022) 447 which counsel should have been aware of the strategy that petitioner now identifies.” 356 Or at 674 . 2022And to the extent that the attorney has failed even “to consider an issue,” our assessment of reasonableness “will turn on, among other things, whether the strategy that defense counsel did employ was reasonable, the relationship between the evidence or theory that defense counsel failed Cite as 369 Or 422 (2022) 451 to consider and the strategy that counsel did pursue, and the extent to which counsel should have been aware of the strategy that petitioner now identifies.” Pereida-Alba, 356 Or at 674 . | 1 | 2022–2022 |
Hinton v. Alabama
green
1 sentence2022The analysis under the Sixth Amendment is com- parable, as illustrated by the Supreme Court’s conclusion in Hinton that the petitioner’s criminal trial attorney had unreasonably failed to seek additional funds to hire an ade- quate expert because he was unaware that the law allowed him to seek additional funds. 571 US at 274 . | 1 | 2022–2022 |
Thompson v. Cain
green
1 sentence2020We stated that, “after McCoy, even if a concession is not tantamount to a plea for purposes of requiring counsel to obtain a petition- er’s express consent, a petitioner’s fundamental objective to assert innocence is reserved to the client in the same way as the right to plead guilty, and that autonomy to direct the defense cannot be usurped by defense counsel.” Id. at 442 . | 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.