ineffective assistance of counsel claim in Idaho

2022The State also cited Strickland v. Washington, 466 U.S. 668, 687-688 (1984) for the proposition that to prevail on an ineffective assistance of counsel claim, a petitioner must show that counsel’s performance was deficient and that the petitioner was prejudiced by the deficiency.

2021When evaluating an ineffective assistance of counsel claim, “there is no reason for a court . . . to address both components of the [Strickland] inquiry if the defendant makes an insufficient showing on one.” Strickland, 466 U.S. at 697 . “[A] court need not determine whether counsel’s performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies.” Id.

2026Strickland v. Washington, 466 U.S. 668, 687-88 (1984); Self v. State, 145 Idaho 578, 580 , 181 P.3d 504, 506 (Ct. App. 2007).

2026Strickland v. Washington, 466 U.S. 668, 687-88 (1984); Self v. State, 145 Idaho 578, 580 , 181 P.3d 504, 506 (Ct. App. 2007).

2014To prevail on an ineffective assistance of counsel claim, the petitioner must show that the attomey's performance was deficient and that the petitioner was prejudiced by the deficiency. stricHand v. washington,466 u.s. 66g, 6g7-gg (19g4); Hassett v. state, 127 ldaho 313,316, 900 P.2d 221,224 (ct.

1998In order to prevail on an ineffective assistance of counsel claim brought pursuant to the UPCPA, an applicant must demonstrate both “that his attorney’s performance was deficient, and that he was prejudiced thereby.” Hassett v. State, 127 Idaho 313, 316 , 900 P.2d 221, 224 (Ct.App.1995), citing Davis v. State, 116 Idaho 401, 406 , 775 P.2d 1243, 1248 (Ct.App.1989).

1998In order to prevail on an ineffective assistance of counsel claim brought pursuant to the UPCPA, an applicant must demonstrate both “that his attorney’s performance was deficient, and that he was prejudiced thereby.” Hassett v. State, 127 Idaho 313, 316 , 900 P.2d 221, 224 (Ct.App.1995), citing Davis v. State, 116 Idaho 401, 406 , 775 P.2d 1243, 1248 (Ct.App.1989).

1998In order to prevail on an ineffective assistance of counsel claim brought pursuant to the UPCPA, an applicant must demonstrate both “that his attorney’s performance was deficient, and that he was prejudiced thereby.” Hassett v. State, 127 Idaho 313, 316 , 900 P.2d 221, 224 (Ct.App.1995), citing Davis v. State, 116 Idaho 401, 406 , 775 P.2d 1243, 1248 (Ct.App.1989).

2013“When evaluating an ineffective assistance of counsel claim, this Court does not second-guess strategic and tactical decisions, and such decisions cannot serve as a basis for post-conviction relief unless the decision is shown to have resulted from inadequate preparation, ignorance of the relevant law, or other shortcomings capable of objective review.” State v. Shackelford, 150 Idaho 355, 382-83 , 247 P.3d 582, 609-10 (2010) (citing Pratt v. State, 134 Idaho 581, 584 , 6 P.3d 831, 834 (2000)).

2013“When evaluating an ineffective assistance of counsel claim, this Court does not second-guess strategic and tactical decisions, and such decisions cannot serve as a basis for post-conviction relief unless the decision is shown to have resulted from inadequate preparation, ignorance of the relevant law, or other shortcomings capable of objective review.” State v. Shackelford, 150 Idaho 355, 382-83 , 247 P.3d 582, 609-10 (2010) (citing Pratt v. State, 134 Idaho 581, 584 , 6 P.3d 831, 834 (2000)).

2025See DeRushé, 146 Idaho at 601-02 , 200 P.3d at 1150-51 .

2025See DeRushé, 146 Idaho at 601-02 , 200 P.3d at 1150-51 .

2016The district court cited Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and Aragon v. State, 114 Idaho 758, 760 , 760 P.2d 1174, 1176 (1988), for the proposition that to prevail on an ineffective assistance of counsel claim the defendant must show that counsel’s performance was deficient and that the defendant was prejudiced by the deficiency.

2016The district court cited Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and Aragon v. State, 114 Idaho 758, 760 , 760 P.2d 1174, 1176 (1988), for the proposition that to prevail on an ineffective assistance of counsel claim the defendant must show that counsel’s performance was deficient and that the defendant was prejudiced by the deficiency.

2017“When evaluating an ineffective assistance of counsel claim, this Court does not second-guess strategic and tactical deci *721 sions, and such decisions cannot serve as a basis for post-conviction relief unless the decision is shown to have resulted from inadequate preparation, ignorance of the relevant law or other shortcomings capable of objective review.” Payne, 146 Idaho at 661 , 199 P.3d at 136 .

2017“When evaluating an ineffective assistance of counsel claim, this Court does not second-guess strategic and tactical deci *721 sions, and such decisions cannot serve as a basis for post-conviction relief unless the decision is shown to have resulted from inadequate preparation, ignorance of the relevant law or other shortcomings capable of objective review.” Payne, 146 Idaho at 661 , 199 P.3d at 136 .

2019In Schoger v. State, 148 Idaho 622, 624 , 226 P.3d 1269, 1271 (2010), the Idaho Supreme Court articulated the standard for summary dismissal of an ineffective assistance of counsel claim as follows: For an application for post-conviction relief based on a claim of ineffective assistance of counsel to survive summary dismissal, the petitioner must establish that: (1) a material issue of fact exists as to whether counsel’s performance was deficient; and (2) a material issue of fact exists as to whether the deficiency prejudiced the [petitioner’s] case.

2019In Schoger v. State, 148 Idaho 622, 624 , 226 P.3d 1269, 1271 (2010), the Idaho Supreme Court articulated the standard for summary dismissal of an ineffective assistance of counsel claim as follows: For an application for post-conviction relief based on a claim of ineffective assistance of counsel to survive summary dismissal, the petitioner must establish that: (1) a material issue of fact exists as to whether counsel’s performance was deficient; and (2) a material issue of fact exists as to whether the deficiency prejudiced the [petitioner’s] case.

2014This inquiry is similar to the prejudice analysis in an ineffective assistance of counsel claim where the defendant’s chances of success at trial — in the absence of counsel’s errors — “is a factor a court may use when determining the plausibility of the defendant’s claim that those errors played a significant role in the decision to plead guilty.” See McKeeth v. State, 140 Idaho 847, 852 , 103 P.3d 460, 465 (2004) (emphasis in original); Gardner, 126 Idaho at 436 n. 9, 885 P.2d at 1152 n. 9.

2014This inquiry is similar to the prejudice analysis in an ineffective assistance of counsel claim where the defendant’s chances of success at trial — in the absence of counsel’s errors — “is a factor a court may use when determining the plausibility of the defendant’s claim that those errors played a significant role in the decision to plead guilty.” See McKeeth v. State, 140 Idaho 847, 852 , 103 P.3d 460, 465 (2004) (emphasis in original); Gardner, 126 Idaho at 436 n. 9, 885 P.2d at 1152 n. 9.

2006Hassett v. State, 127 Idaho 313, 316 , 900 P.2d 221, 224 (Ct.App.1995); Russell, 118 Idaho at 67 , 794 P.2d at 656 ; Davis v. State, 116 Idaho 401, 406 , 775 P.2d 1243, 1248 (Ct.App.1989).

2006Hassett v. State, 127 Idaho 313, 316 , 900 P.2d 221, 224 (Ct.App.1995); Russell, 118 Idaho at 67 , 794 P.2d at 656 ; Davis v. State, 116 Idaho 401, 406 , 775 P.2d 1243, 1248 (Ct.App.1989).

2021State v. Payne, 146 Idaho 548, 561, 199 P.3d 123, 136 (2008); see Marsalis, 166 Idaho at 346, 458 P.3d at 215 (same); Wurdemann v. State, 161 Idaho 713, 720- 21, 390 P.3d 439, 446-47 (2017) (same); Abdullah, 158 Idaho at 498-99, 348 P.3d at 113-14 (same). 1.

2021State v. Payne, 146 Idaho 548, 561, 199 P.3d 123, 136 (2008); see Marsalis, 166 Idaho at 346, 458 P.3d at 215 (same); Wurdemann v. State, 161 Idaho 713, 720- 21, 390 P.3d 439, 446-47 (2017) (same); Abdullah, 158 Idaho at 498-99, 348 P.3d at 113-14 (same). 1.

2001LaBelle v. State, 180 Idaho 115, 118, 937 P.2d 427, 430 (Ct.App.1997) (citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674, 693 (1984)).

2001LaBelle v. State, 130 Idaho 115, 118 , 937 P.2d 427, 430 (Ct.App.1997), citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 .

2025See generally State v. Dunlap, 155 Idaho 345, 383-85 , 313 P.3d 1, 39-41 (2013); Strickland v. Washington, 466 U.S. 668, 687 , (1984).

2025See generally State v. Dunlap, 155 Idaho 345, 383-85 , 313 P.3d 1, 39-41 (2013); Strickland v. Washington, 466 U.S. 668, 687 , (1984).

2009In regard to a motion for summary dismissal, “if the applicant facing such a motion fails to present evidence making a prima facie case, i.e., establishing each essential element of the claim, then summary dismissal is appropriate.” Roman, 125 Idaho at 647 , 873 P.2d at 901 .

2009In regard to a motion for summary dismissal, “if the applicant facing such a motion fails to present evidence making a prima facie case, i.e., establishing each essential element of the claim, then summary dismissal is appropriate.” Roman, 125 Idaho at 647 , 873 P.2d at 901 .

2022Kelly v. State, 149 Idaho 517, 522 , 236 P.3d 1277, 1282 (2010).

2022Kelly v. State, 149 Idaho 517, 522 , 236 P.3d 1277, 1282 (2010).

2016Strickland, 466 U.S. at 687-88 , 104 S.Ct. at 2064-65 , 80 L.Ed.2d at 693-94 ; Adams v. State, 158 Idaho 530, 536 , 348 P.3d 145, 151 (2015).

2016Strickland, 466 U.S. at 687-88 , 104 S.Ct. at 2064-65 , 80 L.Ed.2d at 693-94 ; Adams v. State, 158 Idaho 530, 536 , 348 P.3d 145, 151 (2015).

2015This case is similar to a Seventh Circuit case where the court held that a hearing impairment, without a showing of prejudice, is insufficient for an ineffective assistance of counsel claim. 1 United States v. Limehouse, 950 F.2d 501, 503 (7th Cir.1991).

2015This case is similar to a Seventh Circuit case where the court held that a hearing impairment, without a showing of prejudice, is insufficient for an ineffective assistance of counsel claim.1 United States v. Limehouse, 950 F.2d 501, 503 (7th Cir. 1991).

2012Strickland v. Washington, 466 U.S. 668, 687-88 (1984); Hughes, 148 Idaho at 451 , 224 P.3d at 518 .

2012Strickland v. Washington, 466 U.S. 668, 687-88 (1984); Hughes, 148 Idaho at 451 , 224 P.3d at 518 .

2025Barcella v. State, 148 Idaho 469, 477 , 224 P.3d 536, 544 (Ct. App. 2009).

2025Barcella v. State, 148 Idaho 469, 477 , 224 P.3d 536, 544 (Ct. App. 2009).

1991As we stated in Carter v. State, 108 Idaho 788 , 702 P.2d 826 (1985): The Supreme Court recently set out the test for analyzing an ineffective assistance of counsel claim under the sixth amendment.

1991As we stated in Carter v. State, 108 Idaho 788 , 702 P.2d 826 (1985): The Supreme Court recently set out the test for analyzing an ineffective assistance of counsel claim under the sixth amendment.

2015Murray, 121 Idaho at 924-25 , 828 P.2d at 1329-30 .

2015Murray, 121 Idaho at 924-25 , 828 P.2d at 1329-30 .

1985(Citation omitted.) The resolution of those factual issues for the first time upon appeal, based upon a trial record in which competence of counsel was not at issue, is at best conjectural.” Justice Bistline, concurring in State v. Ruth, 98 Idaho 879, 881 , 574 P.2d 1357, 1359 (1978), outlined the quandry facing an appellant with an ineffective assistance of counsel claim: “If, on appeal, counsel prematurely raises the competency of counsel issue, and gains an adverse determination in this Court, he may very well subject himself to like charges of incompetency — keeping in mind the threat of r

1985(Citation omitted.) The resolution of those factual issues for the first time upon appeal, based upon a trial record in which competence of counsel was not at issue, is at best conjectural.” Justice Bistline, concurring in State v. Ruth, 98 Idaho 879, 881 , 574 P.2d 1357, 1359 (1978), outlined the quandry facing an appellant with an ineffective assistance of counsel claim: “If, on appeal, counsel prematurely raises the competency of counsel issue, and gains an adverse determination in this Court, he may very well subject himself to like charges of incompetency — keeping in mind the threat of r

2004Wood, 132 Idaho at 96 , 967 P.2d at 710 .

2004Wood, 132 Idaho at 96 , 967 P.2d at 710 .

2023See Lint v. State, 145 Idaho 472, 477 , 180 P.3d 511, 516 (Ct. App. 2008) (noting that failure to file a motion that would not be granted is generally dispositive of both the deficient performance and prejudice requirements of an ineffective assistance of counsel claim).

2023See Lint v. State, 145 Idaho 472, 477 , 180 P.3d 511, 516 (Ct. App. 2008) (noting that failure to file a motion that would not be granted is generally dispositive of both the deficient performance and prejudice requirements of an ineffective assistance of counsel claim).

2021State v. Payne, 146 Idaho 548, 561, 199 P.3d 123, 136 (2008); see Marsalis, 166 Idaho at 346, 458 P.3d at 215 (same); Wurdemann v. State, 161 Idaho 713, 720- 21, 390 P.3d 439, 446-47 (2017) (same); Abdullah, 158 Idaho at 498-99, 348 P.3d at 113-14 (same). 1.

2021State v. Payne, 146 Idaho 548, 561, 199 P.3d 123, 136 (2008); see Marsalis, 166 Idaho at 346, 458 P.3d at 215 (same); Wurdemann v. State, 161 Idaho 713, 720- 21, 390 P.3d 439, 446-47 (2017) (same); Abdullah, 158 Idaho at 498-99, 348 P.3d at 113-14 (same). 1.

2021State v. Payne, 146 Idaho 548, 561, 199 P.3d 123, 136 (2008); see Marsalis, 166 Idaho at 346, 458 P.3d at 215 (same); Wurdemann v. State, 161 Idaho 713, 720- 21, 390 P.3d 439, 446-47 (2017) (same); Abdullah, 158 Idaho at 498-99, 348 P.3d at 113-14 (same). 1.

2021State v. Payne, 146 Idaho 548, 561, 199 P.3d 123, 136 (2008); see Marsalis, 166 Idaho at 346, 458 P.3d at 215 (same); Wurdemann v. State, 161 Idaho 713, 720- 21, 390 P.3d 439, 446-47 (2017) (same); Abdullah, 158 Idaho at 498-99, 348 P.3d at 113-14 (same). 1.