14 Missouri opinions name it 2 courts 1987–2023 2 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 |
|---|---|---|
Strickland v. Washingtongreen2 sentences2023Interest of P.J.T., 643 S.W.3d 527 , 533 (Mo. App. S.D. 2021), reh'g denied (Dec. 1, 2021), transfer denied (May 17, 2022) (citing D.C.M., 578 S.W.3d at 782 ); § 211.211.1; Rule 115.01(a).4 Appellant argues the effectiveness of his counsel should be assessed under the Strickland v. Washington standard applied to criminal proceedings. 466 U.S. 668, 687 (1984). 2015The state also attempts to refute the master’s finding of prejudice by alleging Mr. Clemons misapplies the law by expanding the application of the Strickland v. Washington standard, of prejudice to the outcome of rulings on motions, 466 U.S. 668, 695 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 2 | 3 |
Hill v. Lockhartgreen2 sentences2023Hefley, 626 S.W.3d at 249; see also Hill v. Lockhart, 474 U.S. 52, 57 (1985) (holding “the two- part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel”). 2007In Hill v. Lock-hart, 474 U.S. 52, 58-59 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203 (1985), the Court stated: We hold, therefore, that the two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tollett v. Henderson
green
2 sentences1993In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, supra, [ 411 U.S. 258 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) ] and McMann v. Richardson, [ 397 U.S. 759 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970)]. 1993In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, supra, [ 411 U.S. 258 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) ] and McMann v. Richardson, [ 397 U.S. 759 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970)]. | 7 | 1987–1993 |
McMann v. Richardson
green
2 sentences1993In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, supra, [ 411 U.S. 258 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) ] and McMann v. Richardson, [ 397 U.S. 759 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970)]. 1993In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, supra, [ 411 U.S. 258 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) ] and McMann v. Richardson, [ 397 U.S. 759 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970)]. | 4 | 1988–1993 |
In the Interest of D.C.M., a Minor v. Pemiscot County Juvenile Office
green
1 sentence2023Interest of P.J.T., 643 S.W.3d 527 , 533 (Mo. App. S.D. 2021), reh'g denied (Dec. 1, 2021), transfer denied (May 17, 2022) (citing D.C.M., 578 S.W.3d at 782 ); § 211.211.1; Rule 115.01(a).4 Appellant argues the effectiveness of his counsel should be assessed under the Strickland v. Washington standard applied to criminal proceedings. 466 U.S. 668, 687 (1984). | 1 | 2023–2023 |
Bronk v. Commonwealth
green
1 sentence2018The reviewing court is then obligated to "consider the totality of the circumstances surrounding the guilty plea and juxtapose the presumption of voluntariness inherent in a proper plea colloquy with a Strickland v. Washington inquiry into the performance of counsel[.]" Rank, 494 S.W.3d at 481 (quoting Bronk v. Commonwealth, 58 S.W.3d 482 , 486 (Ky. 2001) ). | 1 | 2018–2018 |
Commonwealth of Kentucky v. Douglas Rank
green
1 sentence2018The reviewing court is then obligated to "consider the totality of the circumstances surrounding the guilty plea and juxtapose the presumption of voluntariness inherent in a proper plea colloquy with a Strickland v. Washington inquiry into the performance of counsel[.]" Rank, 494 S.W.3d at 481 (quoting Bronk v. Commonwealth, 58 S.W.3d 482 , 486 (Ky. 2001) ). | 1 | 2018–2018 |
Lafler v. Cooper
green
2 sentences2013He claims that he would and could have pleaded to ten years on a lesser charge but for misadvice from his lawyer (“Counsel”) about punishment. “ ‘[T]he two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.’ ” Lafler v. Cooper, — U.S.-, 132 S.Ct. 1376, 1384 , 182 L.Ed.2d 398 (2012). 1 As to Strickland prejudice, No-land must show a reasonable probability that but for Counsel’s error (1) Noland would have accepted the 10-year plea offer, and (2) the trial court would have accepted its terms. 2013He claims that he would and could have pleaded to ten years on a lesser charge but for misadvice from his lawyer (“Counsel”) about punishment. “ ‘[T]he two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.’ ” Lafler v. Cooper, — U.S.-, 132 S.Ct. 1376, 1384 , 182 L.Ed.2d 398 (2012). 1 As to Strickland prejudice, No-land must show a reasonable probability that but for Counsel’s error (1) Noland would have accepted the 10-year plea offer, and (2) the trial court would have accepted its terms. | 1 | 2013–2013 |
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.