time the alleged error (South Dakota) · Go Syfert
← South Dakota issues

time the alleged error in South Dakota

11 South Dakota opinions name it 1 courts 1994–2000 0 in the last five years

The cases below were cited by South Dakota 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 (4)

CaseFollowedCited
Garritsen v. Leapleygreen
sd · 1995 · cited in 6 South Dakota opinions naming this issue, 1996–2000
2 sentences

2000Wayrynen v. Class, 1998 SD 111, ¶ 17 , 586 N.W.2d 499, 502 (quoting Garritsen v. Leapley, 541 N.W.2d 89, 93 (S.D.1995)) (alterations in original) (citations omitted).

1996He must show that trial counsel made errors ‘so serious that counsel was not functioning as the “counsel” guaranteed ... by the Sixth Amendment.’ Secondly, he must show that the deficient performance ‘prejudiced the defense’ by showing that ‘counsel’s errors were so serious as to deprive the defendant of a fair trial.’ The reasonableness of trial counsel’s action is evaluated from his perspective at the time the alleged error occurred.” *78 Garritsen v. Leapley, 541 N.W.2d 89, 93 (S.D.1995) (quoting Mitchell v. Class, 524 N.W.2d 860, 862 (S.D.1994)). [¶ 31] St.

66
Mitchell v. Classgreen
sd · 1994 · cited in 5 South Dakota opinions naming this issue, 1995–2000
2 sentences

2000Sund v. Weber, 1998 SD 123, ¶ 13 , 588 N.W.2d 223, 225 (quoting Garritsen v. Leapley, 541 N.W.2d 89, 93 (S.D.1995) (alterations in original) (quoting Mitchell v. Class, 524 N.W.2d 860, 862 (S.D.1994) (citations omitted))).

1996He must show that trial counsel made errors ‘so serious that counsel was not functioning as the “counsel” guaranteed ... by the Sixth Amendment.’ Secondly, he must show that the deficient performance ‘prejudiced the defense’ by showing that ‘counsel’s errors were so serious as to deprive the defendant of a fair trial.’ The reasonableness of trial counsel’s action is evaluated from his perspective at the time the alleged error occurred.” *78 Garritsen v. Leapley, 541 N.W.2d 89, 93 (S.D.1995) (quoting Mitchell v. Class, 524 N.W.2d 860, 862 (S.D.1994)). [¶ 31] St.

55
Sund v. Webergreen
sd · 1998 · cited in 4 South Dakota opinions naming this issue, 1999–2000
2 sentences

2000Sund v. Weber, 1998 SD 123, ¶ 13 , 588 N.W.2d 223, 225 (quoting Garritsen v. Leapley, 541 N.W.2d 89, 93 (S.D.1995) (alterations in original) (quoting Mitchell v. Class, 524 N.W.2d 860, 862 (S.D.1994) (citations omitted))).

2000Sund v. Weber, 1998 SD 123, ¶ 13 , 588 N.W.2d 223, 225 (quoting Garritsen v. Leapley, 541 N.W.2d 89, 93 (S.D.1995) (alterations in original) (quoting Mitchell v. Class, 524 N.W.2d 860, 862 (S.D.1994) (citations omitted))).

14
Wayrynen v. Classgreen
sd · 1998 · cited in 1 South Dakota opinions naming this issue, 2000–2000
2 sentences

2000Wayrynen v. Class, 1998 SD 111, ¶ 17 , 586 N.W.2d 499, 502 (quoting Garritsen v. Leapley, 541 N.W.2d 89, 93 (S.D.1995)) (alterations in original) (citations omitted).

2000Wayrynen v. Class, 1998 SD 111, ¶ 17 , 586 N.W.2d 499, 502 (quoting Garritsen v. Leapley, 541 N.W.2d 89, 93 (S.D.1995)) (alterations in original) (citations omitted).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Meinders v. Weber green
sd · 2000
2 sentences

2000Meinders, 2000 SD 2, ¶ 42 , 604 N.W.2d at 264 (quoting Sund, 1998 SD 123, ¶ 13 , 588 N.W.2d at 225 )(alterations in original).

2000Meinders, 2000 SD 2, ¶ 42 , 604 N.W.2d at 264 (quoting Sund, 1998 SD 123, ¶ 13 , 588 N.W.2d at 225 )(alterations in original).

22000–2000
Luna v. Solem green
sd · 1987
2 sentences

1995Id.

1994Id.

21994–1995

Where else courts name it

UT 73 (2004–2026) OH 15 (1986–2024) MO 12 (1892–2013) SD 11 (1994–2000) ND 9 (2002–2023) PA 9 (1968–2022) IL 4 (1994–2023) FL 4 (2001–2025) DC 4 (2009–2024) OK 4 (1985–2020) AR 3 (1990–2009) NJ 2 (1999–2002) WA 2 (2007–2008) GA 2 (1993–2021) NC 2 (1970–2004)

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