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10 Nebraska opinions name it 2 courts 1988–2020 0 in the last five years
The cases below were cited by Nebraska 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 |
|---|---|---|
State v. Jonesgreen2 sentences1991Ed. 2d 674 (1984); State v. Joubert, supra. The standard of review on a claim of ineffective assistance of counsel is set out in State v. El-Tabech, 234 Neb. 831, 833-34 , 453 N.W.2d 91, 94 (1990), quoting from State v. Jones, 231 Neb. 110 , 435 N.W.2d 650 (1989): “ ‘ “ ‘When the defendant in a postconviction motion alleges a violation of his constitutional right to effective assistance of counsel as a basis for relief, the standard for determining the propriety of the claim is whether the attorney, in representing the accused, performed at least as well as a lawyer with ordinary training and 1991Ed. 2d 674 (1984); State v. Joubert, supra. The standard of review on a claim of ineffective assistance of counsel is set out in State v. El-Tabech, 234 Neb. 831, 833-34 , 453 N.W.2d 91, 94 (1990), quoting from State v. Jones, 231 Neb. 110 , 435 N.W.2d 650 (1989): “ ‘ “ ‘When the defendant in a postconviction motion alleges a violation of his constitutional right to effective assistance of counsel as a basis for relief, the standard for determining the propriety of the claim is whether the attorney, in representing the accused, performed at least as well as a lawyer with ordinary training and | 2 | 4 |
State v. Broomhallgreen2 sentences1988Further, the defendant must make a showing of how the defendant was prejudiced in the defense of his case as a result of his attorney’s actions or inactions.” State v. Broomhall, ante p. 341, 343, 417 N.W.2d 349, 351 (1988), quoting State v. Rubek, 225 Neb. 477 , 406 N.W.2d 130 (1987). 1988Further, the defendant must make a showing of how the defendant was prejudiced in the defense of his case as a result of his attorney’s actions or inactions.” State v. Broomhall, 227 Neb. 341, 343 , 417 N.W.2d 349, 351 (1988). | 2 | 2 |
State v. Gaglianogreen2 sentences1992Further, the defendant must make a showing of how the defendant was prejudiced in the defense of his case'as a result of his attorney’s actions or inactions.’ ” ’ “. . . ‘[T]o sustain a claim of ineffective assistance of counsel as a violation of the sixth amendment to the U.S. Constitution and thereby obtain reversal of a defendant’s conviction, the defendant must show that (1) counsel’s performance was deficient and (2) such deficient performance prejudiced the defense, that is, a demonstration of reasonable probability that, but for counsel’s deficient performance, the result of the proceed 1992Further, the defendant must make a showing of how the defendant was prejudiced in the defense of his case'as a result of his attorney’s actions or inactions.’ ” ’ “. . . ‘[T]o sustain a claim of ineffective assistance of counsel as a violation of the sixth amendment to the U.S. Constitution and thereby obtain reversal of a defendant’s conviction, the defendant must show that (1) counsel’s performance was deficient and (2) such deficient performance prejudiced the defense, that is, a demonstration of reasonable probability that, but for counsel’s deficient performance, the result of the proceed | 1 | 1 |
State v. El-Tabechgreen2 sentences1991Ed. 2d 674 (1984); State v. Joubert, supra. The standard of review on a claim of ineffective assistance of counsel is set out in State v. El-Tabech, 234 Neb. 831, 833-34 , 453 N.W.2d 91, 94 (1990), quoting from State v. Jones, 231 Neb. 110 , 435 N.W.2d 650 (1989): “ ‘ “ ‘When the defendant in a postconviction motion alleges a violation of his constitutional right to effective assistance of counsel as a basis for relief, the standard for determining the propriety of the claim is whether the attorney, in representing the accused, performed at least as well as a lawyer with ordinary training and 1991Ed. 2d 674 (1984); State v. Joubert, supra. The standard of review on a claim of ineffective assistance of counsel is set out in State v. El-Tabech, 234 Neb. 831, 833-34 , 453 N.W.2d 91, 94 (1990), quoting from State v. Jones, 231 Neb. 110 , 435 N.W.2d 650 (1989): “ ‘ “ ‘When the defendant in a postconviction motion alleges a violation of his constitutional right to effective assistance of counsel as a basis for relief, the standard for determining the propriety of the claim is whether the attorney, in representing the accused, performed at least as well as a lawyer with ordinary training and | 1 | 1 |
State v. Paintergreen2 sentences1989Further, the defendant must make a showing of how the defendant was prejudiced in the defense of his case as a result of his attorney’s actions or inactions.’ ” State v. Painter, 229 Neb. 278, 280-81, 426 N.W.2d 513, 515-16 (1988). 1989Further, the defendant must make a showing of how the defendant was prejudiced in the defense of his case as a result of his attorney’s actions or inactions.’ ” State v. Painter, 229 Neb. 278, 280-81, 426 N.W.2d 513, 515-16 (1988). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Hull
green
2 sentences2020Ed. 2d 606 (1996); Ex parte Hull, 312 U.S. 546 , 61 S. Ct. 640 , 85 L. 2020Ed. 2d 606 (1996); Ex parte Hull, 312 U.S. 546 , 61 S. Ct. 640 , 85 L. | 1 | 2020–2020 |
Lewis v. Casey
green
2 sentences2020When a postconviction motion alleges a claim of ineffective assistance based on counsel’s failure to file a direct appeal, which has as its relief a new direct appeal, alongside other claims of ineffective assistance of counsel 13 See State v. Bjorklund, 258 Neb. 432 , 604 N.W.2d 169 (2000), abrogated on other grounds, State v. Mata, 275 Neb. 1 , 745 N.W.2d 229 (2008). 14 See, Lewis v. Casey, 518 U.S. 343 , 116 S. Ct. 2174 , 135 L. 2020When a postconviction motion alleges a claim of ineffective assistance based on counsel’s failure to file a direct appeal, which has as its relief a new direct appeal, alongside other claims of ineffective assistance of counsel 13 See State v. Bjorklund, 258 Neb. 432 , 604 N.W.2d 169 (2000), abrogated on other grounds, State v. Mata, 275 Neb. 1 , 745 N.W.2d 229 (2008). 14 See, Lewis v. Casey, 518 U.S. 343 , 116 S. Ct. 2174 , 135 L. | 1 | 2020–2020 |
State v. Dalton
green
2 sentences2020State v. Dalton, 307 Neb. 465 , 949 N.W.2d 752 (2020); State v. Determan, supra. In Dalton, the Supreme Court explained: When a postconviction motion alleges a claim of ineffective assistance based on counsel’s failure to file a direct appeal, which has as its relief a new direct appeal, alongside other claims of ineffective assistance of counsel that request as relief a new trial, the district court must first address the claim that counsel was ineffective for failing to file a direct appeal, including holding an evidentiary hearing, if required. 2020State v. Dalton, 307 Neb. 465 , 949 N.W.2d 752 (2020); State v. Determan, supra. In Dalton, the Supreme Court explained: When a postconviction motion alleges a claim of ineffective assistance based on counsel’s failure to file a direct appeal, which has as its relief a new direct appeal, alongside other claims of ineffective assistance of counsel that request as relief a new trial, the district court must first address the claim that counsel was ineffective for failing to file a direct appeal, including holding an evidentiary hearing, if required. | 1 | 2020–2020 |
State v. Bjorklund
green
2 sentences2020When a postconviction motion alleges a claim of ineffective assistance based on counsel’s failure to file a direct appeal, which has as its relief a new direct appeal, alongside other claims of ineffective assistance of counsel 13 See State v. Bjorklund, 258 Neb. 432 , 604 N.W.2d 169 (2000), abrogated on other grounds, State v. Mata, 275 Neb. 1 , 745 N.W.2d 229 (2008). 14 See, Lewis v. Casey, 518 U.S. 343 , 116 S. Ct. 2174 , 135 L. 2020When a postconviction motion alleges a claim of ineffective assistance based on counsel’s failure to file a direct appeal, which has as its relief a new direct appeal, alongside other claims of ineffective assistance of counsel 13 See State v. Bjorklund, 258 Neb. 432 , 604 N.W.2d 169 (2000), abrogated on other grounds, State v. Mata, 275 Neb. 1 , 745 N.W.2d 229 (2008). 14 See, Lewis v. Casey, 518 U.S. 343 , 116 S. Ct. 2174 , 135 L. | 1 | 2020–2020 |
State v. Mata
green
2 sentences2020When a postconviction motion alleges a claim of ineffective assistance based on counsel’s failure to file a direct appeal, which has as its relief a new direct appeal, alongside other claims of ineffective assistance of counsel 13 See State v. Bjorklund, 258 Neb. 432 , 604 N.W.2d 169 (2000), abrogated on other grounds, State v. Mata, 275 Neb. 1 , 745 N.W.2d 229 (2008). 14 See, Lewis v. Casey, 518 U.S. 343 , 116 S. Ct. 2174 , 135 L. 2020When a postconviction motion alleges a claim of ineffective assistance based on counsel’s failure to file a direct appeal, which has as its relief a new direct appeal, alongside other claims of ineffective assistance of counsel 13 See State v. Bjorklund, 258 Neb. 432 , 604 N.W.2d 169 (2000), abrogated on other grounds, State v. Mata, 275 Neb. 1 , 745 N.W.2d 229 (2008). 14 See, Lewis v. Casey, 518 U.S. 343 , 116 S. Ct. 2174 , 135 L. | 1 | 2020–2020 |
State v. Russell
green
2 sentences1998State v. Russell, 248 Neb. 723 , 539 N.W.2d 8 (1995). 1998State v. Russell, 248 Neb. 723 , 539 N.W.2d 8 (1995). | 1 | 1998–1998 |
State v. Rubek
green
2 sentences1988Further, the defendant must make a showing of how the defendant was prejudiced in the defense of his case as a result of his attorney’s actions or inactions.” State v. Broomhall, ante p. 341, 343, 417 N.W.2d 349, 351 (1988), quoting State v. Rubek, 225 Neb. 477 , 406 N.W.2d 130 (1987). 1988Further, the defendant must make a showing of how the defendant was prejudiced in the defense of his case as a result of his attorney’s actions or inactions.” State v. Broomhall, ante p. 341, 343, 417 N.W.2d 349, 351 (1988), quoting State v. Rubek, 225 Neb. 477 , 406 N.W.2d 130 (1987). | 1 | 1988–1988 |
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.