14 North Dakota opinions name it 1 courts 1991–2025 3 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 sentences2023Strickland v. Washington, 466 U.S. 668, 688, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). [¶7] When the basis of an appellant’s ineffective assistance claim is counsel’s failure to appeal, a more specific version of the Strickland test applies. 2023Strickland v. Washington, 466 U.S. 668, 688, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). [¶7] When the basis of an appellant’s ineffective assistance claim is counsel’s failure to appeal, a more specific version of the Strickland test applies. | 2 | 4 |
State v. TORKELSENgreen2 sentences2010See State v. Johnson, 2008 ND 168 , 756 N.W.2d 548 . 2010See State v. Johnson , 2008 ND 168 , 756 N.W.2d 548 . | 2 | 2 |
Vaughn v. Stategreen1 sentence2014Basing an ineffective assistance claim on law “that is unsettled at the time of counsel’s actions ‘would be to engage in the kind of hindsight examination of effectiveness of counsel the Supreme Court expressly disavowed in Strickland.’ ” Vaughn v. State, 931 S.W.2d 564, 567 (Tex.Ct.Crim. | 1 | 1 |
Moore v. Stategreen2 sentences2014See, e.g., Moore v. State, 2013 ND 214, ¶ 6 , 839 N.W.2d 834 . 2014See, e.g., Moore v. State, 2013 ND 214, ¶ 6 , 839 N.W.2d 834 . | 1 | 1 |
State v. McLaingreen2 sentences1991In Kimmelman v. Morrison, 477 U.S. 365, 374 , 106 S.Ct. 2574, 2582 , 91 L.Ed.2d 305, 318-319 (1986), the United States Supreme Court stated that the essence of an ineffective assistance claim is “that counsel’s unprofessional errors so upset the adversarial balance between defense and .prosecution that the trial was rendered unfair and the verdict rendered suspect.” In analyzing a defendant’s ineffective assistance claim under the first element of the Strickland test, we apply the presumption that counsel’s conduct was reasonable, and the burden is on the defendant to prove that the representa 1991In Kimmelman v. Morrison, 477 U.S. 365, 374 , 106 S.Ct. 2574, 2582 , 91 L.Ed.2d 305, 318-319 (1986), the United States Supreme Court stated that the essence of an ineffective assistance claim is "that counsel's unprofessional errors so upset the adversarial balance between defense and prosecution that the trial was rendered unfair and the verdict rendered suspect." In analyzing a defendant's ineffective assistance claim under the first element of the Strickland test, we apply the presumption that counsel's conduct was reasonable, and the burden is on the defendant to prove that the representat | 1 | 1 |
Kimmelman v. Morrisongreen2 sentences1991In Kimmelman v. Morrison, 477 U.S. 365, 374 , 106 S.Ct. 2574, 2582 , 91 L.Ed.2d 305, 318-319 (1986), the United States Supreme Court stated that the essence of an ineffective assistance claim is “that counsel’s unprofessional errors so upset the adversarial balance between defense and .prosecution that the trial was rendered unfair and the verdict rendered suspect.” In analyzing a defendant’s ineffective assistance claim under the first element of the Strickland test, we apply the presumption that counsel’s conduct was reasonable, and the burden is on the defendant to prove that the representa 1991In Kimmelman v. Morrison, 477 U.S. 365, 374 , 106 S.Ct. 2574, 2582 , 91 L.Ed.2d 305, 318-319 (1986), the United States Supreme Court stated that the essence of an ineffective assistance claim is “that counsel’s unprofessional errors so upset the adversarial balance between defense and .prosecution that the trial was rendered unfair and the verdict rendered suspect.” In analyzing a defendant’s ineffective assistance claim under the first element of the Strickland test, we apply the presumption that counsel’s conduct was reasonable, and the burden is on the defendant to prove that the representa | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Bertram
green
2 sentences2009Both appeals allege the same conduct constitutes ineffective assistance of counsel. ‘We have said an ineffective assistance claim should normally be brought in a post-conviction proceeding ‘so the parties can fully develop a record ... of counsel’s performance and its impact on the defendant’s claim.’ ” State v. Schweitzer, 2007 ND 122, ¶ 25 , 735 N.W.2d 873 (quoting State v. Bertram, 2006 ND 10, ¶ 39 , 708 N.W.2d 913 ). 2007Normally, an ineffective assistance claim should be raised in a post-conviction proceeding, “so the parties can fully develop a record ... of counsel’s performance and its impact on the defendant’s claim.” State v. Bertram, 2006 ND 10, ¶ 39 , 708 N.W.2d 913 . | 4 | 2007–2009 |
State v. Bertram
green
2 sentences2009Both appeals allege the same conduct constitutes ineffective assistance of counsel. ‘We have said an ineffective assistance claim should normally be brought in a post-conviction proceeding ‘so the parties can fully develop a record ... of counsel’s performance and its impact on the defendant’s claim.’ ” State v. Schweitzer, 2007 ND 122, ¶ 25 , 735 N.W.2d 873 (quoting State v. Bertram, 2006 ND 10, ¶ 39 , 708 N.W.2d 913 ). 2007Normally, an ineffective assistance claim should be raised in a post-conviction proceeding, “so the parties can fully develop a record ... of counsel’s performance and its impact on the defendant’s claim.” State v. Bertram, 2006 ND 10, ¶ 39 , 708 N.W.2d 913 . | 4 | 2007–2009 |
Roe v. Flores-Ortega
green
2 sentences2023Pfeffer v. State, 2016 ND 248, ¶ 7 , 888 N.W.2d 743 (citing to Roe v. Flores-Ortega, 528 3 U.S. 470 , 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000)). 2023Pfeffer v. State, 2016 ND 248, ¶ 7 , 888 N.W.2d 743 (citing to Roe v. Flores-Ortega, 528 3 U.S. 470 , 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000)). | 3 | 2016–2023 |
Pfeffer v. State
green
2 sentences2023Pfeffer v. State, 2016 ND 248, ¶ 7 , 888 N.W.2d 743 (citing to Roe v. Flores-Ortega, 528 3 U.S. 470 , 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000)). 2023Pfeffer v. State, 2016 ND 248, ¶ 7 , 888 N.W.2d 743 (citing to Roe v. Flores-Ortega, 528 3 U.S. 470 , 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000)). | 2 | 2023–2023 |
State v. Palmer
green
2 sentences2007In Bertram, at ¶ 39, we stated: When a claim for ineffective assistance of counsel is argued on direct appeal, we review the record to decide if the assistance of counsel was plainly defective. [Palmer, 2002 ND 5, ¶ 12 , 638 N.W.2d 18 ]. 2007In Bertram, at ¶ 39, we stated: When a claim for ineffective assistance of counsel is argued on direct appeal, we review the record to decide if the assistance of counsel was plainly defective. [Palmer, 2002 ND 5, ¶ 12 , 638 N.W.2d 18 ]. | 2 | 2007–2007 |
State v. Palmer
green
2 sentences2007In Bertram, at ¶ 39, we stated: When a claim for ineffective assistance of counsel is argued on direct appeal, we review the record to decide if the assistance of counsel was plainly defective. [Palmer, 2002 ND 5, ¶ 12 , 638 N.W.2d 18 ]. 2007In Bertram, at ¶ 39, we stated: When a claim for ineffective assistance of counsel is argued on direct appeal, we review the record to decide if the assistance of counsel was plainly defective. [Palmer, 2002 ND 5, ¶ 12 , 638 N.W.2d 18 ]. | 2 | 2007–2007 |
Kremer v. State
neutral
2 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. [¶26] “To establish prejudice under Strickland in a plea bargain situation, the petitioner must allege facts that, if proven, would support a conclusion that rejection of the plea bargain would have been rational.” Kremer v. State, 2020 ND 132, ¶ 10 , 945 N.W.2d 279 . 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. [¶26] “To establish prejudice under Strickland in a plea bargain situation, the petitioner must allege facts that, if proven, would support a conclusion that rejection of the plea bargain would have been rational.” Kremer v. State, 2020 ND 132, ¶ 10 , 945 N.W.2d 279 . | 1 | 2025–2025 |
Schweitzer v. State
neutral
1 sentence2025To prevail on an ineffective assistance claim, the petitioner must establish both: “(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.” Schweitzer v. State, 2024 ND 151 , ¶ 13, 10 N.W.3d 114 . | 1 | 2025–2025 |
Ude v. State
green
2 sentences2019In Ude v. State , 2009 ND 71 , ¶ 12, 764 N.W.2d 419 , we affirmed a summary judgment of an ineffective-assistance claim where a petitioner's response to the State's request for summary disposition did not present affidavits or other supporting materials to raise an issue of material fact. 2019In Ude v. State , 2009 ND 71 , ¶ 12, 764 N.W.2d 419 , we affirmed a summary judgment of an ineffective-assistance claim where a petitioner's response to the State's request for summary disposition did not present affidavits or other supporting materials to raise an issue of material fact. | 1 | 2019–2019 |
Laib v. State
green
2 sentences2016We have outlined the burdens placed upon a criminal defendant claiming ineffective assistance of counsel: In accord with the two-pronged test established in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), a defendant claiming ineffective assistance of counsel bears the heavy burden of proving (1) counsel’s representation fell below an objective standard of reasonableness, and (2) the defendant was prejudiced by counsel’s deficient performance; Laib v. State, 2005 ND 187, ¶9 , 705 N.W.2d 845 . [¶7] When the basis of an appellant’s ineffective assistance claim is 2016We have outlined the burdens placed upon a criminal defendant claiming ineffective assistance of counsel: In accord with the two-pronged test established in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), a defendant claiming ineffective assistance of counsel bears the heavy burden of proving (1) counsel’s representation fell below an objective standard of reasonableness, and (2) the defendant was prejudiced by counsel’s deficient performance; Laib v. State, 2005 ND 187, ¶9 , 705 N.W.2d 845 . [¶7] When the basis of an appellant’s ineffective assistance claim is | 1 | 2016–2016 |
Broadwell v. State
green
2 sentences2014Broadwell, 2014 ND 6, ¶ 7 , 841 N.W.2d 750 . 2014Broadwell, 2014 ND 6, ¶ 7 , 841 N.W.2d 750 . | 1 | 2014–2014 |
State v. Schweitzer
green
2 sentences2009Both appeals allege the same conduct constitutes ineffective assistance of counsel. ‘We have said an ineffective assistance claim should normally be brought in a post-conviction proceeding ‘so the parties can fully develop a record ... of counsel’s performance and its impact on the defendant’s claim.’ ” State v. Schweitzer, 2007 ND 122, ¶ 25 , 735 N.W.2d 873 (quoting State v. Bertram, 2006 ND 10, ¶ 39 , 708 N.W.2d 913 ). 2009Both appeals allege the same conduct constitutes ineffective assistance of counsel. ‘We have said an ineffective assistance claim should normally be brought in a post-conviction proceeding ‘so the parties can fully develop a record ... of counsel’s performance and its impact on the defendant’s claim.’ ” State v. Schweitzer, 2007 ND 122, ¶ 25 , 735 N.W.2d 873 (quoting State v. Bertram, 2006 ND 10, ¶ 39 , 708 N.W.2d 913 ). | 1 | 2009–2009 |
Heckelsmiller v. State
green
2 sentences2007“A ‘reasonable probability’ is a probability sufficient to undermine confidence in the outcome. ‘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.’” Flanagan, 2006 ND 76, ¶ 10 , 712 N.W.2d 602 (quoting Heckelsmiller, 2004 ND 191, ¶¶ 3-4 , 687 N.W.2d 454 (citations omitted)). [¶ 25] We have said an ineffective assistance claim should normally be brought in a post-conviction proceeding “so the parties can fully develop a record ... of counsel’s performance and its impact on the d 2007“A ‘reasonable probability’ is a probability sufficient to undermine confidence in the outcome. ‘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.’” Flanagan, 2006 ND 76, ¶ 10 , 712 N.W.2d 602 (quoting Heckelsmiller, 2004 ND 191, ¶¶ 3-4 , 687 N.W.2d 454 (citations omitted)). [¶ 25] We have said an ineffective assistance claim should normally be brought in a post-conviction proceeding “so the parties can fully develop a record ... of counsel’s performance and its impact on the d | 1 | 2007–2007 |
Flanagan v. State
green
2 sentences2007“A ‘reasonable probability’ is a probability sufficient to undermine confidence in the outcome. ‘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.’” Flanagan, 2006 ND 76, ¶ 10 , 712 N.W.2d 602 (quoting Heckelsmiller, 2004 ND 191, ¶¶ 3-4 , 687 N.W.2d 454 (citations omitted)). [¶ 25] We have said an ineffective assistance claim should normally be brought in a post-conviction proceeding “so the parties can fully develop a record ... of counsel’s performance and its impact on the d 2007“A ‘reasonable probability’ is a probability sufficient to undermine confidence in the outcome. ‘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.’” Flanagan, 2006 ND 76, ¶ 10 , 712 N.W.2d 602 (quoting Heckelsmiller, 2004 ND 191, ¶¶ 3-4 , 687 N.W.2d 454 (citations omitted)). [¶ 25] We have said an ineffective assistance claim should normally be brought in a post-conviction proceeding “so the parties can fully develop a record ... of counsel’s performance and its impact on the d | 1 | 2007–2007 |
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.