99 Wisconsin opinions name it 2 courts 1990–2026 47 in the last five years
The cases below were cited by Wisconsin 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 sentences2025However, Anthony’s allegations are inadequate to demonstrate that postconviction counsel’s performance was deficient and that the deficiency prejudiced his defense, as required by the two-prong ineffective assistance of counsel test in Strickland v. Washington, 466 U.S. 668, 687 (1984). ¶10 Anthony’s allegations are conclusory and opinion framed as factual allegations. 2024To establish ineffective assistance of counsel, a defendant must prove both (1) “that counsel’s performance was deficient” and (2) “that the deficiency prejudiced the defense.” State v. Carter, 2010 WI 40, ¶21 , 324 Wis. 2d 640 , 782 N.W.2d 695 (quoting Strickland v. Washington, 466 U.S. 668, 687 (1984)). | 68 | 84 |
State v. Balliettegreen2 sentences2020See State v. Balliette, 2011 WI 79, ¶21 , 336 Wis. 2d 358 , 805 N.W.2d 334 . 2020See State v. Balliette, 2011 WI 79, ¶21 , 336 Wis. 2d 358 , 805 N.W.2d 334 . | 3 | 3 |
State v. Johnsongreen2 sentences2021“Even if deficient performance is found, judgment will not be reversed unless the defendant proves that the deficiency prejudiced his defense.” State v. Johnson, 153 Wis. 2d 121, 127 , 449 N.W.2d 845 (1990). 2021“Even if deficient performance is found, judgment will not be reversed unless the defendant proves that the deficiency prejudiced his defense.” State v. Johnson, 153 Wis. 2d 121, 127 , 449 N.W.2d 845 (1990). | 2 | 3 |
State v. Mayogreen2 sentences2020See State v. Mayo, 2007 WI 78, ¶33 , 301 Wis. 2d 642 , 734 N.W.2d 115 . 2020See State v. Mayo, 2007 WI 78, ¶33 , 301 Wis. 2d 642 , 734 N.W.2d 115 . | 2 | 2 |
State v. Cartergreen2 sentences2024To establish ineffective assistance of counsel, a defendant must prove both (1) “that counsel’s performance was deficient” and (2) “that the deficiency prejudiced the defense.” State v. Carter, 2010 WI 40, ¶21 , 324 Wis. 2d 640 , 782 N.W.2d 695 (quoting Strickland v. Washington, 466 U.S. 668, 687 (1984)). 2024To establish ineffective assistance of counsel, a defendant must prove both (1) “that counsel’s performance was deficient” and (2) “that the deficiency prejudiced the defense.” State v. Carter, 2010 WI 40, ¶21 , 324 Wis. 2d 640 , 782 N.W.2d 695 (quoting Strickland v. Washington, 466 U.S. 668, 687 (1984)). | 1 | 5 |
State v. Myron C. Dillardgreen2 sentences2021State v. Dillard, 2014 WI 123, ¶84 , 358 Wis. 2d 543 , 859 N.W.2d 44 . ¶42 To establish ineffective assistance, a defendant must prove: (1) that trial counsel’s performance was deficient; and (2) that the deficiency prejudiced the defense. 2021State v. Dillard, 2014 WI 123, ¶84 , 358 Wis. 2d 543 , 859 N.W.2d 44 . ¶42 To establish ineffective assistance, a defendant must prove: (1) that trial counsel’s performance was deficient; and (2) that the deficiency prejudiced the defense. | 1 | 3 |
United States v. Cronicgreen1 sentence2026Id. at 687 . ¶12 While V.T. argues that Strickland does not apply to this case, and that we should presume prejudice under United States v. Cronic, 466 U.S. 648, 661 (1984), we disagree. | 1 | 1 |
A.O. Smith Corp. v. Allstate Insurancegreen2 sentences2024Cos., 222 Wis. 2d 475, 491 , 588 N.W.2d 285 (Ct. App. 1998) (“[A]n issue raised in the [circuit] court, but not raised on appeal, is deemed abandoned.”). 8 No. 2021AP1346-CR DISCUSSION ¶18 To succeed on an ineffective assistance of counsel claim, a defendant must show that his or her counsel’s performance was deficient and that the deficiency prejudiced the defense. 2024Cos., 222 Wis. 2d 475, 491 , 588 N.W.2d 285 (Ct. App. 1998) (“[A]n issue raised in the [circuit] court, but not raised on appeal, is deemed abandoned.”). 8 No. 2021AP1346-CR DISCUSSION ¶18 To succeed on an ineffective assistance of counsel claim, a defendant must show that his or her counsel’s performance was deficient and that the deficiency prejudiced the defense. | 1 | 1 |
State v. Shane Allan Stroikgreen2 sentences2024See State v. Stroik, 2022 WI App 11, ¶65 , 401 Wis. 2d 150 , 972 N.W.2d 640 (concluding that a defendant’s trial counsel performed deficiently at a jury trial and that the deficiency prejudiced the defense because, among other things, “[t]here was no physical evidence or witnesses to the alleged assault, and [the defendant] consistently denied the allegations”). ¶49 Furthermore, contrary to the State’s assertion, Molde did offer a theory as to why Lauren would falsely accuse him. 2024See State v. Stroik, 2022 WI App 11, ¶65 , 401 Wis. 2d 150 , 972 N.W.2d 640 (concluding that a defendant’s trial counsel performed deficiently at a jury trial and that the deficiency prejudiced the defense because, among other things, “[t]here was no physical evidence or witnesses to the alleged assault, and [the defendant] consistently denied the allegations”). ¶49 Furthermore, contrary to the State’s assertion, Molde did offer a theory as to why Lauren would falsely accuse him. | 1 | 1 |
State v. Howellgreen2 sentences2020See State v. Howell, 2007 WI 75, ¶74 , 301 Wis. 2d 350 , 734 N.W.2d 48 . 5 No. 2018AP2171-CR ¶11 To prevail on a claim of ineffective assistance of counsel, a defendant must establish both that counsel’s performance was deficient and that the deficiency prejudiced the defense. 2020See State v. Howell, 2007 WI 75, ¶74 , 301 Wis. 2d 350 , 734 N.W.2d 48 . 5 No. 2018AP2171-CR ¶11 To prevail on a claim of ineffective assistance of counsel, a defendant must establish both that counsel’s performance was deficient and that the deficiency prejudiced the defense. | 1 | 1 |
State v. Joseph B. Reinwandgreen1 sentence2020Reinwand, 385 Wis. 2d 700, ¶¶40, 42 . ¶80 The deficiency prong requires the defendant to prove “that the defendant’s attorney ‘made errors so serious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment.’” State v. Starks, 2013 WI 69, ¶54 , 349 Wis. 2d 274 , 833 N.W.2d 146 (quoting Strickland, 466 U.S. at 687 ). | 1 | 1 |
State v. Ginger M. Breitzmangreen2 sentences2018See State v. Breitzman , 2017 WI 100 , ¶ 37, 378 Wis. 2d 431 , 904 N.W.2d 93 , cert. denied , 138 S. Ct. 1599 (2018). 2018See State v. Breitzman , 2017 WI 100 , ¶ 37, 378 Wis. 2d 431 , 904 N.W.2d 93 , cert. denied , 138 S. Ct. 1599 (2018). | 1 | 1 |
Morgan v. Kansasgreen1 sentence2018See State v. Breitzman , 2017 WI 100 , ¶ 37, 378 Wis. 2d 431 , 904 N.W.2d 93 , cert. denied , 138 S. Ct. 1599 (2018). | 1 | 1 |
State v. Thielgreen2 sentences2017With regard to the first part of this test, ''[c]ounsel's conduct is constitutionally deficient if it falls below an objective standard of reasonableness." Thiel, 264 Wis. 2d 571, ¶ 19 (citing Strickland, 466 U.S. at 688 ). 2017With regard to the first part of this test, "[c]ounsel's conduct is constitutionally deficient if it falls below an objective standard of reasonableness." Thiel, 264 Wis. 2d 571, ¶19 (citing Strickland, 466 U.S. at 688 ). | 1 | 1 |
Bose Corp. v. Consumers Union of United States, Inc.green2 sentences1996See Strickland v. Washington, 466 U.S. 668, 687 , rehearing denied 467 U.S. 1267 (1984). 1996See Strickland v. Washington, 466 U.S. 668, 687 , rehearing denied 467 U.S. 1267 (1984). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Villegas
green
2 sentences2024State v. Villegas, 2018 WI App 9, ¶23 , 380 Wis. 2d 246 , 908 N.W.2d 198 . 2024State v. Villegas, 2018 WI App 9, ¶23 , 380 Wis. 2d 246 , 908 N.W.2d 198 . | 3 | 2019–2024 |
State v. Gerald D. Taylor
green
2 sentences2022Although a manifest injustice as it relates to plea withdrawal may be demonstrated by proving ineffective assistance of counsel, see State v. Taylor, 2013 WI 34, ¶49 , 347 Wis. 2d 30 , 829 N.W.2d 482 , to succeed on such a claim, the defendant must prove both prongs of the Strickland7 test—that his or her trial counsel’s performance was deficient and that the deficiency prejudiced the defense—in order to prevail. 2022Although a manifest injustice as it relates to plea withdrawal may be demonstrated by proving ineffective assistance of counsel, see State v. Taylor, 2013 WI 34, ¶49 , 347 Wis. 2d 30 , 829 N.W.2d 482 , to succeed on such a claim, the defendant must prove both prongs of the Strickland7 test—that his or her trial counsel’s performance was deficient and that the deficiency prejudiced the defense—in order to prevail. | 3 | 2021–2022 |
State v. Love
green
2 sentences2018Strickland v. Washington , 466 U.S. 668 , 687 (1984). ¶ 18 "To prove constitutional deficiency, the defendant must establish that counsel's conduct falls below an objective standard of reasonableness." State v. Love , 2005 WI 116 , ¶ 30, 284 Wis. 2d 111 , 700 N.W.2d 62 . 2018Strickland v. Washington , 466 U.S. 668 , 687 (1984). ¶ 18 "To prove constitutional deficiency, the defendant must establish that counsel's conduct falls below an objective standard of reasonableness." State v. Love , 2005 WI 116 , ¶ 30, 284 Wis. 2d 111 , 700 N.W.2d 62 . | 2 | 2018–2018 |
State v. Allen
green
2 sentences2022State v. Allen, 2004 WI 106, ¶26 , 274 Wis. 2d 568 , 682 N.W.2d 433 . 2022State v. Allen, 2004 WI 106, ¶26 , 274 Wis. 2d 568 , 682 N.W.2d 433 . | 1 | 2022–2022 |
State v. Ziebart
green
2 sentences2020However, to prove that his appellate counsel was ineffective for failing to bring the ineffective assistance of trial counsel claims, Johnson “bears the 4 No. 2018AP971 burden of proving that trial counsel’s performance was deficient and prejudicial.” See State v. Ziebart, 2003 WI App 258, ¶15 , 268 Wis. 2d 468 , 673 N.W.2d 369 . ¶10 To prove ineffective assistance of counsel, a defendant must show both that counsel’s performance was deficient and that the deficiency prejudiced his defense. 2020However, to prove that his appellate counsel was ineffective for failing to bring the ineffective assistance of trial counsel claims, Johnson “bears the 4 No. 2018AP971 burden of proving that trial counsel’s performance was deficient and prejudicial.” See State v. Ziebart, 2003 WI App 258, ¶15 , 268 Wis. 2d 468 , 673 N.W.2d 369 . ¶10 To prove ineffective assistance of counsel, a defendant must show both that counsel’s performance was deficient and that the deficiency prejudiced his defense. | 1 | 2020–2020 |
State v. Tramell E. Starks
green
2 sentences2020Reinwand, 385 Wis. 2d 700, ¶¶40, 42 . ¶80 The deficiency prong requires the defendant to prove “that the defendant’s attorney ‘made errors so serious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment.’” State v. Starks, 2013 WI 69, ¶54 , 349 Wis. 2d 274 , 833 N.W.2d 146 (quoting Strickland, 466 U.S. at 687 ). 2020Reinwand, 385 Wis. 2d 700, ¶¶40, 42 . ¶80 The deficiency prong requires the defendant to prove “that the defendant’s attorney ‘made errors so serious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment.’” State v. Starks, 2013 WI 69, ¶54 , 349 Wis. 2d 274 , 833 N.W.2d 146 (quoting Strickland, 466 U.S. at 687 ). | 1 | 2020–2020 |
State v. Jimothy A. Jenkins
green
1 sentence2020Strickland v. Washington, 466 U.S. 668, 687 (1984); Jenkins, 355 Wis. 2d 180, ¶35 . | 1 | 2020–2020 |
State v. Kuhn
green
2 sentences2003See Strickland v. Washington, 466 U.S. 668, 687 (1984); State v. Kuhn, 178 Wis. 2d 428, 437 , 504 N.W.2d 405 (Ct. App. 1993). 2003See Strickland v. Washington, 466 U.S. 668, 687 (1984); State v. Kuhn, 178 Wis. 2d 428, 437 , 504 N.W.2d 405 (Ct. App. 1993). | 1 | 2003–2003 |
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.