adverse effect defense (Arkansas) · Go Syfert
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adverse effect defense in Arkansas

13 Arkansas opinions name it 1 courts 2000–2021 1 in the last five years

The cases below were cited by Arkansas 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.

Followed or applied (2)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 11 Arkansas opinions naming this issue, 2000–2014
2 sentences

2007Strickland v. Washington, supra; Burton v. State, supra. Thus, a defendant must first show that counsel’s performance fell below an objective standard of reasonableness and then that counsel’s errors actually had an adverse effect on the defense.

2002Second, the defendant must show that counsel’s errors “actually had an adverse effect on the defense.” Id. (citing Strickland v. Washington, supra).

111
Lee v. Stategreen
ark · 2001 · cited in 1 Arkansas opinions naming this issue, 2002–2002
2 sentences

2002A defendant must show first, that counsel’s performance “fell below an objective standard of reasonableness,” Strickland, 466 U.S. at 688 , and second, that the errors “actually had an adverse effect on the defense.” Id. at 693 ; see also Lee v. State, 343 Ark. 702 , 38 S.W.3d 334 (2001).

2002A defendant must show first, that counsel’s performance “fell below an objective standard of reasonableness,” Strickland, 466 U.S. at 688 , and second, that the errors “actually had an adverse effect on the defense.” Id. at 693 ; see also Lee v. State, 343 Ark. 702 , 38 S.W.3d 334 (2001).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Hinton v. State green
ark · 2019
1 sentence

2021Id.

12021–2021
Peebles v. State green
ark · 1998
2 sentences

2002Sanford v. State, supra; Peebles v. State, 331 Ark. 188 , 958 S.W.2d 533 (1998).

2002Sanford v. State, supra; Peebles v. State, 331 Ark. 188 , 958 S.W.2d 533 (1998).

12002–2002

Where else courts name it

TN 388 (1987–2026) WI 40 (1990–2026) TX 40 (1985–2019) ME 28 (2015–2024) UT 20 (2007–2026) KS 15 (2001–2022) AR 13 (2000–2021) VT 13 (1999–2022) MD 11 (1985–2023) VA 8 (1984–2011) MO 7 (1986–2022) CA 6 (2013–2024) WA 6 (2001–2015) IA 5 (2008–2024) FL 5 (1990–2025) CO 5 (2007–2020) GA 5 (2008–2026) IL 4 (1992–2025) CT 4 (1995–2002) PA 4 (1977–2022) WV 3 (2013–2015) NY 3 (1985–2024) ND 3 (2001–2003) OH 3 (2000–2023) MI 3 (1986–2017) IN 2 (1984–1989) AZ 2 (1984–2004) DE 2 (2019–2019) NC 2 (2022–2022) AL 2 (1996–2005)

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.

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