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10 Missouri opinions name it 2 courts 2004–2023 3 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.
| Case | Followed | Cited |
|---|---|---|
Louis Edward Mallow v. State of Missourigreen2 sentences2021"Strickland would require [the offender] to show by a preponderance of the evidence: (1) his or her counsel failed to exercise the level of skill and diligence that a reasonably competent counsel would in a similar situation, and (2) he or she was prejudiced by that failure." Id. (quoting Mallow v. State, 439 S.W.3d 764, 768-69 (Mo. banc 2014)). 2020Under Strickland, Offender would have “to show by a preponderance of the evidence: ‘(1) his or her counsel failed to exercise the level of skill and diligence that a reasonably competent counsel would in a similar situation, and (2) he or she was prejudiced by that failure.’” Id. (quoting Mallow, 439 S.W.3d at 768-69 ). | 2 | 5 |
State v. Baumrukgreen1 sentence2021State v. Baumruk, 280 S.W.3d 600, 612 (Mo. banc 2009). counsel, and if the person is indigent, the court shall appoint counsel to assist such person.” 4 A criminal defendant has the right to assistance of counsel under the Sixth Amendment. | 1 | 1 |
Care & Treatment of Thomas v. Stategreen2 sentences2020See id. 2020See id. | 1 | 1 |
Larry E. Johnson v. State of Missourigreen1 sentence2019Johnson v. State, 451 S.W.3d 276, 279 (Mo. App. W.D. 2014). 10 In full, the Grado Court held: Under the “meaningful hearing” standard, this Court would determine – based on the record on appeal – whether counsel provided Mr. Grado with a meaningful SVP hearing. | 1 | 1 |
In Re Detention of Samuelsongreen2 sentences2006Samuelson, 189 Ill.2d 548 , 244 Ill.Dec. 929 , 727 N.E.2d 228, 237 (2000) (holding that SVP defendants are not similarly situated to other civil detainees because “persons subject to [Illinois’ SVPA] possess characteristics which set them apart from the greater class of persons who fall within [Illinois’ civil commitment statutes], and such persons present different societal problems”); Westerheide v. State, 831 So.2d 93, 112 (Fla.2002) (“West-erheide’s equal protection argument rests on the false premise that individuals subject to commitment under [Florida’s SVPA] are similarly situated to m 2006Samuelson, 189 Ill.2d 548 , 244 Ill.Dec. 929 , 727 N.E.2d 228, 237 (2000) (holding that SVP defendants are not similarly situated to other civil detainees because “persons subject to [Illinois’ SVPA] possess characteristics which set them apart from the greater class of persons who fall within [Illinois’ civil commitment statutes], and such persons present different societal problems”); Westerheide v. State, 831 So.2d 93, 112 (Fla.2002) (“West-erheide’s equal protection argument rests on the false premise that individuals subject to commitment under [Florida’s SVPA] are similarly situated to m | 1 | 1 |
Westerheide v. Stategreen2 sentences2006Samuelson, 189 Ill.2d 548 , 244 Ill.Dec. 929 , 727 N.E.2d 228, 237 (2000) (holding that SVP defendants are not similarly situated to other civil detainees because "persons subject to [Illinois' SVPA] possess characteristics which set them apart from the greater class of persons who fall within [Illinois' civil commitment statutes], and such persons present different societal problems"); Westerheide v. State, 831 So.2d 93, 112 (Fla.2002) ("Westerheide's equal protection argument rests on the false premise that individuals subject to commitment under [Florida's SVPA] are similarly situated to me 2006Samuelson, 189 Ill.2d 548 , 244 Ill.Dec. 929 , 727 N.E.2d 228, 237 (2000) (holding that SVP defendants are not similarly situated to other civil detainees because “persons subject to [Illinois’ SVPA] possess characteristics which set them apart from the greater class of persons who fall within [Illinois’ civil commitment statutes], and such persons present different societal problems”); Westerheide v. State, 831 So.2d 93, 112 (Fla.2002) (“West-erheide’s equal protection argument rests on the false premise that individuals subject to commitment under [Florida’s SVPA] are similarly situated to m | 1 | 1 |
People v. Krahgreen2 sentences2004Id. at 859. 2004Id. at 859. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
1 sentence2023Id. | 1 | 2023–2023 |
In Re Care and Treatment of Spencer
green
1 sentence2021Id. | 1 | 2021–2021 |
Grado v. State
green
2 sentences2020Offender now claims trial counsel was ineffective for failing to discover a general bias in the community against him and his family and for failing to move for a change of venue. 24 Standard of Review “Under the ‘meaningful hearing’ standard, this Court would determine – based on the record on appeal – whether counsel provided [the offender] with a meaningful SVP hearing.” Grado, 559 S.W.3d at 898 . 2020Under Strickland, Offender would have “to show by a preponderance of the evidence: ‘(1) his or her counsel failed to exercise the level of skill and diligence that a reasonably competent counsel would in a similar situation, and (2) he or she was prejudiced by that failure.’” Id. (quoting Mallow, 439 S.W.3d at 768-69 ). | 1 | 2020–2020 |
Lewis v. State
green
2 sentences2005Id. at 330 . 2005Id. at 330 . | 1 | 2005–2005 |
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.
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.