prejudice prong test (Washington) · Go Syfert
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prejudice prong test in Washington

12 Washington opinions name it 2 courts 1988–2026 1 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.

Followed or applied (2)

CaseFollowedCited
State v. Ahogreen
wash · 1999 · cited in 2 Washington opinions naming this issue, 2007–2007
2 sentences

2007See Aho, 137 Wash.2d at 745-46 , 975 P.2d 512 (counsel ineffective for offering instruction that allowed client to be convicted under a statute that did not apply to his conduct). ¶ 15 The prejudice prong of the test requires the defendant to prove there is a reasonable probability that, but for counsel's deficient performance, the outcome of the proceedings would have been different.

2007See Aho, 137 Wn.2d at 745-46 (counsel ineffective for offering instruction that allowed client to be convicted under a statute that did not apply to his conduct). ¶15 The prejudice prong of the test requires the defendant to prove there is a reasonable probability that, but for counsel’s deficient performance, the outcome of the proceedings would have been different.

22
Cabinetree of Wisconsin, Incorporated v. Kraftmaid Cabinetry, Incorporatedgreen
ca7 · 1995 · cited in 1 Washington opinions naming this issue, 2016–2016
1 sentence

2016Cabinetree of Wisconsin, Inc. v. Kraftmaid Cabinetry, Inc., 50 F.3d at 390 (7th Cir. 1995); St.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2012On the one hand, Strickland rejected the notion that a defendant could show an error “had some conceivable effect on the outcome of the proceeding.” Strickland, 466 U.S. at 693 .

2007State v. Leavitt, 111 Wn.2d 66, 72 , 758 P.2d 982 (1988) (adopting test from Strickland, 466 U.S. at 687 ).

32007–2012
State v. Leavitt green
wash · 1988
2 sentences

2007State v. Leavitt, 111 Wn.2d 66, 72 , 758 P.2d 982 (1988) (adopting test from Strickland, 466 U.S. at 687 ).

2007State v. Leavitt, 111 Wn.2d 66, 72 , 758 P.2d 982 (1988) (adopting test from Strickland, 466 U.S. at 687 ).

22007–2007
State v. Studd green
wash · 1999
2 sentences

2004The prejudice prong of a claim of ineffective assistance of counsel compares well to a harmless error analysis—essentially "no harm, no foul." Id. at 551 , 973 P.2d 1049 .

2004The prejudice prong of a claim of ineffective assistance of counsel compares well to a harmless error analysis — essentially “no harm, no foul.” Id. at 551 .

22004–2004
State v. Lord red
wash · 1992
2 sentences

1999State v. Lord, 117 Wn.2d 829, 883-84 , 822 P.2d 177 (1991), cert. denied, 506 U.S. 856 (1992).

1999State v. Lord, 117 Wn.2d 829, 883-84 , 822 P.2d 177 (1991), cert. denied, 506 U.S. 856 (1992).

21999–1999
Lord v. Washington green
scotus · 1992
2 sentences

1999State v. Lord, 117 Wash.2d 829, 883-84 , 822 P.2d 177 (1991), cert. denied, 506 U.S. 856 , 113 S.Ct. 164 , 121 L.Ed.2d 112 (1992).

1999State v. Lord, 117 Wn.2d 829, 883-84 , 822 P.2d 177 (1991), cert. denied, 506 U.S. 856 (1992).

21999–1999
Matter of Personal Restraint of Riley green
wash · 1993
2 sentences

2026Restraint of Riley, 122 Wn.2d 772, 780-81 , 863 P.2d 554 (1993).

2026Restraint of Riley, 122 Wn.2d 772, 780-81 , 863 P.2d 554 (1993).

12026–2026
In re the Personal Restraint of Fleming green
wash · 2001
2 sentences

2013Restraint of Fleming. 142 Wn.2d 853, 867 , 16 P.3d 610 (2001) (quoting RCW 10.77.050). 8 No. 68121-4-1 (Consolidated with No. 68122-2-l)/9 Because there was no deficient performance, we need not address the prejudice prong of his claim.

2013Restraint of Fleming. 142 Wn.2d 853, 867 , 16 P.3d 610 (2001) (quoting RCW 10.77.050). 8 No. 68121-4-1 (Consolidated with No. 68122-2-l)/9 Because there was no deficient performance, we need not address the prejudice prong of his claim.

12013–2013
State v. Hendrickson red
wash · 1996
2 sentences

1998State v. Hendrickson, 129 Wn.2d 61, 77-78 , 917 P.2d 563 (1996); State v. Fredrick, 45 Wn.

1998State v. Hendrickson, 129 Wn.2d 61, 77-78 , 917 P.2d 563 (1996); State v. Fredrick, 45 Wn.

11998–1998
State v. Fredrick green
washctapp · 1986
1 sentence

1998State v. Hendrickson, 129 Wn.2d 61, 77-78 , 917 P.2d 563 (1996); State v. Fredrick, 45 Wn.

11998–1998
State v. Davis green
washctapp · 1980
1 sentence

1988State v. Davis, 25 Wn.

11988–1988

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (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

TN 374 (1998–2026) PA 77 (1994–2026) MO 63 (1988–2025) IA 30 (1989–2025) OH 29 (1999–2026) IL 28 (1990–2026) IN 26 (1997–2018) GA 22 (2003–2023) MI 21 (2011–2025) FL 21 (1988–2018) WI 13 (1993–2025) KS 13 (2006–2026) WA 12 (1988–2026) NM 12 (1991–2025) CT 11 (2002–2026) TX 9 (1996–2026) LA 7 (2000–2017) CA 7 (1993–2025) UT 5 (2011–2025) NE 5 (2018–2022) MS 4 (1997–2008) MD 3 (1992–2012) NJ 3 (1999–2004) ID 3 (2010–2024) SD 2 (1999–2013) OR 2 (2017–2020) AL 2 (2000–2004) AZ 2 (2012–2017) VA 2 (1996–1997) MA 2 (2013–2026) SC 2 (2004–2024)

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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