12 Washington opinions name it 1 courts 2023–2026 12 in the last five years
The cases below were cited by Washington 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 sentences2026To prevail on an IAC claim, a defendant must show deficient performance, meaning “counsel’s representation fell below an objective standard -6- No. 86539-1-I/7 of reasonableness,” and prejudice, which is established by showing “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); see also State v. McFarland, 127 Wn.2d 322, 334 , 899 P.2d 1251 (1995). 2026To prevail on an IAC claim, a defendant must show deficient performance, meaning “counsel’s representation fell below an objective standard -6- No. 86539-1-I/7 of reasonableness,” and prejudice, which is established by showing “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); see also State v. McFarland, 127 Wn.2d 322, 334 , 899 P.2d 1251 (1995). | 1 | 4 |
State v. McFarlandgreen2 sentences2026To prevail on an IAC claim, a defendant must show deficient performance, meaning “counsel’s representation fell below an objective standard -6- No. 86539-1-I/7 of reasonableness,” and prejudice, which is established by showing “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); see also State v. McFarland, 127 Wn.2d 322, 334 , 899 P.2d 1251 (1995). 2026To prevail on an IAC claim, a defendant must show deficient performance, meaning “counsel’s representation fell below an objective standard -6- No. 86539-1-I/7 of reasonableness,” and prejudice, which is established by showing “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); see also State v. McFarland, 127 Wn.2d 322, 334 , 899 P.2d 1251 (1995). | 1 | 3 |
Estelle v. Williamsgreen2 sentences2025Restraint of Glasmann, 175 Wn.2d 696, 703 , 286 P.3d 673 (2012) (plurality opinion) (citing Estelle v. Williams, 425 U.S. 501, 503 (1976); State v. Finch, 137 Wn.2d 792, 843 , 975 P.2d 967 (1999) (plurality opinion)). 2025Restraint of Glasmann, 175 Wn.2d 696, 703 , 286 P.3d 673 (2012) (plurality opinion) (citing Estelle v. Williams, 425 U.S. 501, 503 (1976); State v. Finch, 137 Wn.2d 792, 843 , 975 P.2d 967 (1999) (plurality opinion)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Jones
green
2 sentences2026Id. 2026Id. | 2 | 2025–2026 |
State v. Scott
green
1 sentence2026Harmless Error Even where a manifest error of constitutional magnitude exists under RAP 2.5(a)(3), the rule “does not help a defendant when the asserted constitutional error is harmless beyond a reasonable doubt.” Scott, 110 Wn.2d at 687 . | 1 | 2026–2026 |
In re the Personal Restraint of Hankerson
green
1 sentence2025Restraint of Hankerson, 149 Wn.2d 695 , 703- 04, 72 P.3d 703 (2003). | 1 | 2025–2025 |
In Re Hankerson
neutral
1 sentence2025Restraint of Hankerson, 149 Wn.2d 695 , 703- 04, 72 P.3d 703 (2003). | 1 | 2025–2025 |
State v. Finch
green
2 sentences2025Restraint of Glasmann, 175 Wn.2d 696, 703 , 286 P.3d 673 (2012) (plurality opinion) (citing Estelle v. Williams, 425 U.S. 501, 503 (1976); State v. Finch, 137 Wn.2d 792, 843 , 975 P.2d 967 (1999) (plurality opinion)). 2025Restraint of Glasmann, 175 Wn.2d 696, 703 , 286 P.3d 673 (2012) (plurality opinion) (citing Estelle v. Williams, 425 U.S. 501, 503 (1976); State v. Finch, 137 Wn.2d 792, 843 , 975 P.2d 967 (1999) (plurality opinion)). | 1 | 2025–2025 |
Riofta v. State
green
2 sentences2025App. 669, 687 , 142 P.3d 193 (2006) (PRPs “must raise new points of fact and law that were not or could not have been raised” previously) (emphasis added)). 4 At oral argument in the instant matter, Lynn’s counsel explained that he was not assigned to Lynn’s case until after the timeframe under RCW 10.73.090 to present an IAC claim had passed and that he would have raised IAC as to appellate counsel if he had received the assignment earlier. 2025App. 669, 687 , 142 P.3d 193 (2006) (PRPs “must raise new points of fact and law that were not or could not have been raised” previously) (emphasis added)). 4 At oral argument in the instant matter, Lynn’s counsel explained that he was not assigned to Lynn’s case until after the timeframe under RCW 10.73.090 to present an IAC claim had passed and that he would have raised IAC as to appellate counsel if he had received the assignment earlier. | 1 | 2025–2025 |
In re the Personal Restraint of Davis
green
2 sentences2025Restraint of Davis, 152 Wn.2d 647, 671 , 101 P.3d 1 (2004) (“‘[A] defendant may not recast the same issue as an ineffective assistance claim; simply recasting an argument in that manner does not create a new ground for relief or constitute good cause for reconsidering the previous rejected claim.’” (quoting In re Pers. 2025Restraint of Davis, 152 Wn.2d 647, 671 , 101 P.3d 1 (2004) (“‘[A] defendant may not recast the same issue as an ineffective assistance claim; simply recasting an argument in that manner does not create a new ground for relief or constitute good cause for reconsidering the previous rejected claim.’” (quoting In re Pers. | 1 | 2025–2025 |
In re the Personal Restraint of Glasmann
green
2 sentences2025Restraint of Glasmann, 175 Wn.2d 696, 703 , 286 P.3d 673 (2012) (plurality opinion) (citing Estelle v. Williams, 425 U.S. 501, 503 (1976); State v. Finch, 137 Wn.2d 792, 843 , 975 P.2d 967 (1999) (plurality opinion)). 2025Restraint of Glasmann, 175 Wn.2d 696, 703 , 286 P.3d 673 (2012) (plurality opinion) (citing Estelle v. Williams, 425 U.S. 501, 503 (1976); State v. Finch, 137 Wn.2d 792, 843 , 975 P.2d 967 (1999) (plurality opinion)). | 1 | 2025–2025 |
State v. Finch
green
2 sentences2025Restraint of Glasmann, 175 Wn.2d 696, 703 , 286 P.3d 673 (2012) (plurality opinion) (citing Estelle v. Williams, 425 U.S. 501, 503 (1976); State v. Finch, 137 Wn.2d 792, 843 , 975 P.2d 967 (1999) (plurality opinion)). 2025Restraint of Glasmann, 175 Wn.2d 696, 703 , 286 P.3d 673 (2012) (plurality opinion) (citing Estelle v. Williams, 425 U.S. 501, 503 (1976); State v. Finch, 137 Wn.2d 792, 843 , 975 P.2d 967 (1999) (plurality opinion)). | 1 | 2025–2025 |
State of Washington v. Bryan Jack Ross Crow
neutral
1 sentence2025App. 2d 480 , 508, 438 P.3d 541 (2019). | 1 | 2025–2025 |
In Re The Detention Of: Rick A. Monroe
green
2 sentences2025In re Det. of Monroe, 198 Wn. 2025In re Det. of Monroe, 198 Wn. | 1 | 2025–2025 |
In Re Davis
green
2 sentences2025Restraint of Davis, 152 Wn.2d 647, 671 , 101 P.3d 1 (2004) (“‘[A] defendant may not recast the same issue as an ineffective assistance claim; simply recasting an argument in that manner does not create a new ground for relief or constitute good cause for reconsidering the previous rejected claim.’” (quoting In re Pers. 2025Restraint of Davis, 152 Wn.2d 647, 671 , 101 P.3d 1 (2004) (“‘[A] defendant may not recast the same issue as an ineffective assistance claim; simply recasting an argument in that manner does not create a new ground for relief or constitute good cause for reconsidering the previous rejected claim.’” (quoting In re Pers. | 1 | 2025–2025 |
State v. Emery
green
1 sentence2025Emery, 174 Wn.2d at 754-55 . | 1 | 2025–2025 |
In re the Personal Restraint of Netherton
green
2 sentences2024Restraint of Netherton, 177 Wn.2d 798, 801 , 306 P.3d 918 (2013); In re Pers. 2024Restraint of Netherton, 177 Wn.2d 798, 801 , 306 P.3d 918 (2013); In re Pers. | 1 | 2024–2024 |
State v. Kyllo
green
2 sentences2023“There is a strong presumption that counsel's performance was reasonable” and it will be deemed so when “counsel’s conduct can be characterized as legitimate trial 5 Martin presents argument under the IAC framework for the first time in his reply brief, only after the State analyzed the issue under the test set out in State v. McFarland, 127 Wn.2d 322, 334-35 , 899 P.2d 1251 (1995). -5- No. 84175-1-I/6 strategy or tactics.” State v. Kyllo, 166 Wn.2d 856, 862-63 , 215 P.3d 177 (2009). 2023“There is a strong presumption that counsel's performance was reasonable” and it will be deemed so when “counsel’s conduct can be characterized as legitimate trial 5 Martin presents argument under the IAC framework for the first time in his reply brief, only after the State analyzed the issue under the test set out in State v. McFarland, 127 Wn.2d 322, 334-35 , 899 P.2d 1251 (1995). -5- No. 84175-1-I/6 strategy or tactics.” State v. Kyllo, 166 Wn.2d 856, 862-63 , 215 P.3d 177 (2009). | 1 | 2023–2023 |
State v. Kyllo
green
2 sentences2023“There is a strong presumption that counsel's performance was reasonable” and it will be deemed so when “counsel’s conduct can be characterized as legitimate trial 5 Martin presents argument under the IAC framework for the first time in his reply brief, only after the State analyzed the issue under the test set out in State v. McFarland, 127 Wn.2d 322, 334-35 , 899 P.2d 1251 (1995). -5- No. 84175-1-I/6 strategy or tactics.” State v. Kyllo, 166 Wn.2d 856, 862-63 , 215 P.3d 177 (2009). 2023“There is a strong presumption that counsel's performance was reasonable” and it will be deemed so when “counsel’s conduct can be characterized as legitimate trial 5 Martin presents argument under the IAC framework for the first time in his reply brief, only after the State analyzed the issue under the test set out in State v. McFarland, 127 Wn.2d 322, 334-35 , 899 P.2d 1251 (1995). -5- No. 84175-1-I/6 strategy or tactics.” State v. Kyllo, 166 Wn.2d 856, 862-63 , 215 P.3d 177 (2009). | 1 | 2023–2023 |
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.