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14 Oklahoma opinions name it 1 courts 2000–2024 2 in the last five years
The cases below were cited by Oklahoma 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 |
|---|---|---|
Wiggins v. Smith, Wardengreen2 sentences2004There was no corroboration of any of the claims Appellant self-reported to Dr. Montgomery, so the jury may have doubted whether any of these things really happened. ¶ 156 In that sense, counsel's second stage preparation and actual presentation are eerily similar, and arguably more egregious, than those found ineffective and requiring relief in Williams v. Taylor, 529 U.S. 362 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) and Wiggins v. Smith, 539 U.S. 510 , 123 S.Ct. 2527 , 156 L.Ed.2d 471 (2003). ¶ 157 Without going too deeply into what may have been admissible or presented by way of mitigation 2004There was no corroboration of any of the claims Appellant self-reported to Dr. Montgomery, so the jury may have doubted whether any of these things really happened. ¶ 156 In that sense, counsel's second stage preparation and actual presentation are eerily similar, and arguably more egregious, than those found ineffective and requiring relief in Williams v. Taylor, 529 U.S. 362 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) and Wiggins v. Smith, 539 U.S. 510 , 123 S.Ct. 2527 , 156 L.Ed.2d 471 (2003). ¶ 157 Without going too deeply into what may have been admissible or presented by way of mitigation | 1 | 2 |
Fisher v. Stategreen2 sentences2021Fisher v. State , 1992 OK CR 79, ¶ 14, 845 P.2d 1272, 1276. 2021Fisher v. State , 1992 OK CR 79, ¶ 14, 845 P.2d 1272, 1276. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2018Id. , 466 U.S. at 687 , 104 S.Ct. at 2064 . ¶ 21 We review an application for evidentiary hearing filed pursuant to Rule 3.11(B)(3)(b), Rules of the Oklahoma Court of Criminal Appeals , 22 O.S. 2018Id. , 466 U.S. at 687 , 104 S.Ct. at 2064 . ¶ 21 We review an application for evidentiary hearing filed pursuant to Rule 3.11(B)(3)(b), Rules of the Oklahoma Court of Criminal Appeals , 22 O.S. | 4 | 2018–2018 |
Williams v. Taylor
green
2 sentences2004There was no corroboration of any of the claims Appellant self-reported to Dr. Montgomery, so the jury may have doubted whether any of these things really happened. ¶ 156 In that sense, counsel's second stage preparation and actual presentation are eerily similar, and arguably more egregious, than those found ineffective and requiring relief in Williams v. Taylor, 529 U.S. 362 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) and Wiggins v. Smith, 539 U.S. 510 , 123 S.Ct. 2527 , 156 L.Ed.2d 471 (2003). ¶ 157 Without going too deeply into what may have been admissible or presented by way of mitigation 2004There was no corroboration of any of the claims Appellant self-reported to Dr. Montgomery, so the jury may have doubted whether any of these things really happened. ¶ 156 In that sense, counsel's second stage preparation and actual presentation are eerily similar, and arguably more egregious, than those found ineffective and requiring relief in Williams v. Taylor, 529 U.S. 362 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) and Wiggins v. Smith, 539 U.S. 510 , 123 S.Ct. 2527 , 156 L.Ed.2d 471 (2003). ¶ 157 Without going too deeply into what may have been admissible or presented by way of mitigation | 2 | 2002–2004 |
Malone v. State
green
2 sentences2024Id. 2024Id. | 1 | 2024–2024 |
HARRIS v. STATE
green
2 sentences2020See Rules 3.5(A)(5) and 3.11(B)(3)(b), Rules of the Oklahoma Court of Criminal Appeals , Title 22, Ch.18, App. (2020); Harris , 2019 OK CR 22, ¶ 74 n.33, 450 P.3d at 960 n.33. ¶44 This claim is thus waived from appellate review. 2020See Rules 3.5(A)(5) and 3.11(B)(3)(b), Rules of the Oklahoma Court of Criminal Appeals , Title 22, Ch.18, App. (2020); Harris , 2019 OK CR 22, ¶ 74 n.33, 450 P.3d at 960 n.33. ¶44 This claim is thus waived from appellate review. | 1 | 2020–2020 |
Hancock v. State
green
2 sentences2011If Appellant demonstrates that counsel's representation was objectively unreasonable under prevailing professional norms, he must also show that he suffered prejudice, defined as a reasonable probability that, but for counsel's unprofessional errors, the outcome of the trial or sentencing would have been different Hancock, 2007 OK CR 9, ¶¶ 106-107 , 155 P.3d 796, 821 . 2011If Appellant demonstrates that counsel's representation was objectively unreasonable under prevailing professional norms, he must also show that he suffered prejudice, defined as a reasonable probability that, but for counsel's unprofessional errors, the outcome of the trial or sentencing would have been different Hancock, 2007 OK CR 9, ¶¶ 106-107 , 155 P.3d 796, 821 . | 1 | 2011–2011 |
Bland v. State
green
2 sentences2006Id. 2006Id. | 1 | 2006–2006 |
Harrington v. State
green
1 sentence2005Id. | 1 | 2005–2005 |
Alverson v. State
green
1 sentence2000Again, even if the magistrate had known of Michelle Wackerly's varying recollections of where the gun had last been seen and her attorney's willingness to have her say what he believed Franchini wanted to hear, the magistrate would still have had an abundance of sufficient, reliable information upon which to base his finding of probable cause. [16] Trial Transcript p. 308. [17] Original Record p. 270. [18] Original Record p. 286. [19] Trial Transcript p. 532-33. [20] 22 O.S.Supp.1999, § 984(1). [21] 22 O.S.Supp.1999, § 984(2). [22] See Alverson, 1999 OK CR 21, at ¶ 66 , 983 P.2d at 518; Salaza | 1 | 2000–2000 |
Stroble v. United States
green
1 sentence2000Again, even if the magistrate had known of Michelle Wackerly's varying recollections of where the gun had last been seen and her attorney's willingness to have her say what he believed Franchini wanted to hear, the magistrate would still have had an abundance of sufficient, reliable information upon which to base his finding of probable cause. [16] Trial Transcript p. 308. [17] Original Record p. 270. [18] Original Record p. 286. [19] Trial Transcript p. 532-33. [20] 22 O.S.Supp.1999, § 984(1). [21] 22 O.S.Supp.1999, § 984(2). [22] See Alverson, 1999 OK CR 21, at ¶ 66 , 983 P.2d at 518; Salaza | 1 | 2000–2000 |
Smith v. Leonberger
green
1 sentence2000Again, even if the magistrate had known of Michelle Wackerly's varying recollections of where the gun had last been seen and her attorney's willingness to have her say what he believed Franchini wanted to hear, the magistrate would still have had an abundance of sufficient, reliable information upon which to base his finding of probable cause. [16] Trial Transcript p. 308. [17] Original Record p. 270. [18] Original Record p. 286. [19] Trial Transcript p. 532-33. [20] 22 O.S.Supp.1999, § 984(1). [21] 22 O.S.Supp.1999, § 984(2). [22] See Alverson, 1999 OK CR 21, at ¶ 66 , 983 P.2d at 518; Salaza | 1 | 2000–2000 |
Jones v. Jones
green
1 sentence2000Again, even if the magistrate had known of Michelle Wackerly's varying recollections of where the gun had last been seen and her attorney's willingness to have her say what he believed Franchini wanted to hear, the magistrate would still have had an abundance of sufficient, reliable information upon which to base his finding of probable cause. [16] Trial Transcript p. 308. [17] Original Record p. 270. [18] Original Record p. 286. [19] Trial Transcript p. 532-33. [20] 22 O.S.Supp.1999, § 984(1). [21] 22 O.S.Supp.1999, § 984(2). [22] See Alverson, 1999 OK CR 21, at ¶ 66 , 983 P.2d at 518; Salaza | 1 | 2000–2000 |
Stevenson v. Nixon
green
1 sentence2000Again, even if the magistrate had known of Michelle Wackerly's varying recollections of where the gun had last been seen and her attorney's willingness to have her say what he believed Franchini wanted to hear, the magistrate would still have had an abundance of sufficient, reliable information upon which to base his finding of probable cause. [16] Trial Transcript p. 308. [17] Original Record p. 270. [18] Original Record p. 286. [19] Trial Transcript p. 532-33. [20] 22 O.S.Supp.1999, § 984(1). [21] 22 O.S.Supp.1999, § 984(2). [22] See Alverson, 1999 OK CR 21, at ¶ 66 , 983 P.2d at 518; Salaza | 1 | 2000–2000 |
Stone v. Oregon
green
1 sentence2000Again, even if the magistrate had known of Michelle Wackerly's varying recollections of where the gun had last been seen and her attorney's willingness to have her say what he believed Franchini wanted to hear, the magistrate would still have had an abundance of sufficient, reliable information upon which to base his finding of probable cause. [16] Trial Transcript p. 308. [17] Original Record p. 270. [18] Original Record p. 286. [19] Trial Transcript p. 532-33. [20] 22 O.S.Supp.1999, § 984(1). [21] 22 O.S.Supp.1999, § 984(2). [22] See Alverson, 1999 OK CR 21, at ¶ 66 , 983 P.2d at 518; Salaza | 1 | 2000–2000 |
Ybarra Villagrana v. California
green
1 sentence2000Again, even if the magistrate had known of Michelle Wackerly's varying recollections of where the gun had last been seen and her attorney's willingness to have her say what he believed Franchini wanted to hear, the magistrate would still have had an abundance of sufficient, reliable information upon which to base his finding of probable cause. [16] Trial Transcript p. 308. [17] Original Record p. 270. [18] Original Record p. 286. [19] Trial Transcript p. 532-33. [20] 22 O.S.Supp.1999, § 984(1). [21] 22 O.S.Supp.1999, § 984(2). [22] See Alverson, 1999 OK CR 21, at ¶ 66 , 983 P.2d at 518; Salaza | 1 | 2000–2000 |
Salazar v. State
green
2 sentences2000Again, even if the magistrate had known of Michelle Wackerly's varying recollections of where the gun had last been seen and her attorney's willingness to have her say what he believed Franchini wanted to hear, the magistrate would still have had an abundance of sufficient, reliable information upon which to base his finding of probable cause. [16] Trial Transcript p. 308. [17] Original Record p. 270. [18] Original Record p. 286. [19] Trial Transcript p. 532-33. [20] 22 O.S.Supp.1999, § 984(1). [21] 22 O.S.Supp.1999, § 984(2). [22] See Alverson, 1999 OK CR 21, at ¶ 66 , 983 P.2d at 518; Salaza 2000Again, even if the magistrate had known of Michelle Wackerly's varying recollections of where the gun had last been seen and her attorney's willingness to have her say what he believed Franchini wanted to hear, the magistrate would still have had an abundance of sufficient, reliable information upon which to base his finding of probable cause. [16] Trial Transcript p. 308. [17] Original Record p. 270. [18] Original Record p. 286. [19] Trial Transcript p. 532-33. [20] 22 O.S.Supp.1999, § 984(1). [21] 22 O.S.Supp.1999, § 984(2). [22] See Alverson, 1999 OK CR 21, at ¶ 66 , 983 P.2d at 518; Salaza | 1 | 2000–2000 |
Patton v. State
green
2 sentences2000Again, even if the magistrate had known of Michelle Wackerly's varying recollections of where the gun had last been seen and her attorney's willingness to have her say what he believed Franchini wanted to hear, the magistrate would still have had an abundance of sufficient, reliable information upon which to base his finding of probable cause. [16] Trial Transcript p. 308. [17] Original Record p. 270. [18] Original Record p. 286. [19] Trial Transcript p. 532-33. [20] 22 O.S.Supp.1999, § 984(1). [21] 22 O.S.Supp.1999, § 984(2). [22] See Alverson, 1999 OK CR 21, at ¶ 66 , 983 P.2d at 518; Salaza 2000Again, even if the magistrate had known of Michelle Wackerly's varying recollections of where the gun had last been seen and her attorney's willingness to have her say what he believed Franchini wanted to hear, the magistrate would still have had an abundance of sufficient, reliable information upon which to base his finding of probable cause. [16] Trial Transcript p. 308. [17] Original Record p. 270. [18] Original Record p. 286. [19] Trial Transcript p. 532-33. [20] 22 O.S.Supp.1999, § 984(1). [21] 22 O.S.Supp.1999, § 984(2). [22] See Alverson, 1999 OK CR 21, at ¶ 66 , 983 P.2d at 518; Salaza | 1 | 2000–2000 |
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.