criminal proceeding error (Missouri) · Go Syfert
← Missouri issues

criminal proceeding error in Missouri

12 Missouri opinions name it 2 courts 1989–2021 1 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.

Followed or applied (2)

CaseFollowedCited
Rick J. Cusumano v. State of Missourigreen
moctapp · 2016 · cited in 1 Missouri opinions naming this issue, 2017–2017
1 sentence

2017Cusumano v. State, 495 S.W.3d 231, 235 (Mo.App.E.D. 2016).

11
State v. Browngreen
moctapp · 1993 · cited in 1 Missouri opinions naming this issue, 1996–1996
1 sentence

1996U.S. at 691, 104 S.Ct. at 2066 . “[S]o long as defendant is represented by counsel whose performance is not constitutionally ineffective under the standard established in Strickland ; we discern no inequity in requiring him to bear the risk of attorney error.” State v. Brown, 867 S.W.2d 530, 537 (Mo.App.1993) (citation omitted).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2021“An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.” Strickland, 466 U.S. at 691 .

2017As explained in Strickland, 466 U.S. 668, 691-92 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 , “[a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment[;] [t]he purpose of the Sixth Amendment guarantee of counsel is to ensure that a defendant has the assistance necessary to justify reliance on the outcome of the proceeding.” Accordingly, in an ineffective-assistance-of-counsel case, the trial court and any reviewing appellate court defers to defense counsel’s strategic judgment where the m

111989–2021
Booker v. State green
mo · 2018
1 sentence

2021For that reason, a movant must show “that counsel’s deficient performance actually prejudiced the movant.” Booker, 552 S.W.3d at 531 .

12021–2021
United States v. Morrison green
scotus · 1981
2 sentences

2010Cf. United States v. Morrison, 449 U.S. 361, 364-365 , 101 S.Ct. 665 , 66 L.Ed.2d 564 (1981).

2010Cf. United States v. Morrison, 449 U.S. 361, 364-365 , 101 S.Ct. 665 , 66 L.Ed.2d 564 (1981).

12010–2010

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 565.020 (3)

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.

Where else courts name it

OH 214 (1989–2026) TN 59 (1999–2022) IL 59 (1977–2026) TX 23 (1984–2022) GA 21 (1962–2022) AL 19 (1984–2013) UT 19 (2007–2026) NJ 19 (1952–2025) LA 18 (1986–2025) NY 16 (1957–2024) MO 12 (1989–2021) MI 11 (1973–2026) WA 10 (1994–2024) MD 9 (1975–2020) CT 8 (1991–2024) FL 8 (1978–2009) PA 7 (1974–2016) CA 7 (1975–2025) VA 6 (1988–2014) IA 6 (1985–2017) ID 6 (1992–2024) SD 5 (1988–2023) WV 5 (2010–2021) WI 4 (1994–2019) OR 4 (1985–2001) MT 4 (2001–2019) KY 4 (2008–2025) CO 4 (1981–2025) SC 4 (2010–2016) DE 4 (2011–2021) NE 3 (1984–1995) MS 3 (1986–2001) OK 2 (1984–2006) AZ 2 (1984–1984) DC 2 (2001–2004) MA 2 (1992–2014) ME 2 (1997–2001) NV 2 (1993–1996) RI 2 (1993–2010)

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.

← Caselaw search · G Cite Topics · Brief Check