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10 South Dakota opinions name it 1 courts 1992–2013 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.
| Case | Followed | Cited |
|---|---|---|
Phyle v. Leapleygreen2 sentences1998Sprik v. Class, 1997 SD 134, ¶23 , 572 N.W.2d 824 (quoting Phyle v. Leapley, 491 N.W.2d 429, 433 (S.D.1992)). [¶ 13.] At the habeas hearing, Siers testified that prior to trial he informed his attorney, David Wurm (Wurm), of two alibi witnesses, Joanna and her boyfriend Forest who could verify that Siers was at their apartment during the time S.B. was raped. 1998Sprik v. Class, 1997 SD 134, ¶ 23 , 572 N.W.2d 824 (quoting Phyle v. Leapley, 491 N.W.2d 429, 433 (S.D.1992)). ¶ At the habeas hearing, Siers testified that prior to trial he informed his attorney, David Wurm (Wurm), of two alibi witnesses, Joanna and her boyfriend Forest who could verify that Siers was at their apartment during the time S.B. was raped. | 2 | 2 |
Michel v. Louisianagreen2 sentences2008“Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the petitioner must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’ ” Strickland, 466 U.S. at 689 , 104 S.Ct. at 2065 , 80 L.Ed.2d 674 (citing Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158, 164 , 100 L.Ed. 83 (1955)). “ ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so u 2008“Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the petitioner must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’ ” Strickland, 466 U.S. at 689 , 104 S.Ct. at 2065 , 80 L.Ed.2d 674 (citing Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158, 164 , 100 L.Ed. 83 (1955)). “ ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so u | 1 | 2 |
Brakeall v. Webergreen2 sentences2005The petitioner must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy- Brakeall, 2003 SD 90, ¶ 15 , 668 N.W.2d at 84 (quoting Bradley, 1999 SD 68, ¶ 19 , 595 N.W.2d at 621 ). 2005The petitioner must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy- Brakeall, 2003 SD 90, ¶ 15 , 668 N.W.2d at 84 (quoting Bradley, 1999 SD 68, ¶ 19 , 595 N.W.2d at 621 ). | 1 | 2 |
Coon v. Webergreen2 sentences2008“Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the petitioner must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’ ” Strickland, 466 U.S. at 689 , 104 S.Ct. at 2065 , 80 L.Ed.2d 674 (citing Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158, 164 , 100 L.Ed. 83 (1955)). “ ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so u 2008“Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the petitioner must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’ ” Strickland, 466 U.S. at 689 , 104 S.Ct. at 2065 , 80 L.Ed.2d 674 (citing Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158, 164 , 100 L.Ed. 83 (1955)). “ ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so u | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bradley v. Weber
green
2 sentences2005The petitioner must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy- Brakeall, 2003 SD 90, ¶ 15 , 668 N.W.2d at 84 (quoting Bradley, 1999 SD 68, ¶ 19 , 595 N.W.2d at 621 ). 2005The petitioner must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy- Brakeall, 2003 SD 90, ¶ 15 , 668 N.W.2d at 84 (quoting Bradley, 1999 SD 68, ¶ 19 , 595 N.W.2d at 621 ). | 4 | 2002–2005 |
Sprik v. Class
green
2 sentences2004Siers, 1998 SD 77 at ¶ 12 , 581 N.W.2d at 495 (quoting Sprik v. Class, 1997 SD 134, ¶ 23 , 572 N.W.2d 824 ) (additional and internal citations omitted). [¶ 28.] Boyles alleges five instances of ineffective assistance of trial counsel and two instances of ineffective assistance of appellate counsel: 1. 2004Siers, 1998 SD 77 at ¶ 12 , 581 N.W.2d at 495 (quoting Sprik v. Class, 1997 SD 134, ¶ 23 , 572 N.W.2d 824 ) (additional and internal citations omitted). [¶ 28.] Boyles alleges five instances of ineffective assistance of trial counsel and two instances of ineffective assistance of appellate counsel: 1. | 3 | 1998–2004 |
Siers v. Class
green
2 sentences2013Boyles, 2004 S.D. 31 , ¶27, 677 N.W.2d at 540 (quoting Siers v. Class, 1998 S.D. 77 , ¶ 12, 581 N.W.2d 491, 495 ). [¶ 15.] “To establish prejudice, there must be ‘a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” Hannemann, 2012 S.D. 79, ¶ 11 , 823 N.W.2d at 360 (quoting Thomas, 2011 S.D. 15, ¶ 28 , 796 N.W.2d at 715 ). 2004Siers, 1998 SD 77 at ¶ 12 , 581 N.W.2d at 495 (quoting Sprik v. Class, 1997 SD 134, ¶ 23 , 572 N.W.2d 824 ) (additional and internal citations omitted). [¶ 28.] Boyles alleges five instances of ineffective assistance of trial counsel and two instances of ineffective assistance of appellate counsel: 1. | 2 | 2004–2013 |
Strickland v. Washington
green
2 sentences2008“Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the petitioner must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’ ” Strickland, 466 U.S. at 689 , 104 S.Ct. at 2065 , 80 L.Ed.2d 674 (citing Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158, 164 , 100 L.Ed. 83 (1955)). “ ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so u 2008“Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the petitioner must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’ ” Strickland, 466 U.S. at 689 , 104 S.Ct. at 2065 , 80 L.Ed.2d 674 (citing Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158, 164 , 100 L.Ed. 83 (1955)). “ ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so u | 2 | 1992–2008 |
Boyles v. Weber
green
1 sentence2013Boyles, 2004 S.D. 31 , ¶27, 677 N.W.2d at 540 (quoting Siers v. Class, 1998 S.D. 77 , ¶ 12, 581 N.W.2d 491, 495 ). [¶ 15.] “To establish prejudice, there must be ‘a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” Hannemann, 2012 S.D. 79, ¶ 11 , 823 N.W.2d at 360 (quoting Thomas, 2011 S.D. 15, ¶ 28 , 796 N.W.2d at 715 ). | 1 | 2013–2013 |
State v. Hannemann
green
2 sentences2013Boyles, 2004 S.D. 31 , ¶27, 677 N.W.2d at 540 (quoting Siers v. Class, 1998 S.D. 77 , ¶ 12, 581 N.W.2d 491, 495 ). [¶ 15.] “To establish prejudice, there must be ‘a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” Hannemann, 2012 S.D. 79, ¶ 11 , 823 N.W.2d at 360 (quoting Thomas, 2011 S.D. 15, ¶ 28 , 796 N.W.2d at 715 ). 2013Boyles, 2004 S.D. 31 , ¶27, 677 N.W.2d at 540 (quoting Siers v. Class, 1998 S.D. 77 , ¶ 12, 581 N.W.2d 491, 495 ). [¶ 15.] “To establish prejudice, there must be ‘a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” Hannemann, 2012 S.D. 79, ¶ 11 , 823 N.W.2d at 360 (quoting Thomas, 2011 S.D. 15, ¶ 28 , 796 N.W.2d at 715 ). | 1 | 2013–2013 |
State v. Thomas
green
2 sentences2013Boyles, 2004 S.D. 31 , ¶27, 677 N.W.2d at 540 (quoting Siers v. Class, 1998 S.D. 77 , ¶ 12, 581 N.W.2d 491, 495 ). [¶ 15.] “To establish prejudice, there must be ‘a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” Hannemann, 2012 S.D. 79, ¶ 11 , 823 N.W.2d at 360 (quoting Thomas, 2011 S.D. 15, ¶ 28 , 796 N.W.2d at 715 ). 2013Boyles, 2004 S.D. 31 , ¶27, 677 N.W.2d at 540 (quoting Siers v. Class, 1998 S.D. 77 , ¶ 12, 581 N.W.2d 491, 495 ). [¶ 15.] “To establish prejudice, there must be ‘a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” Hannemann, 2012 S.D. 79, ¶ 11 , 823 N.W.2d at 360 (quoting Thomas, 2011 S.D. 15, ¶ 28 , 796 N.W.2d at 715 ). | 1 | 2013–2013 |
Moeller v. Weber
green
2 sentences2008“Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the petitioner must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’ ” Strickland, 466 U.S. at 689 , 104 S.Ct. at 2065 , 80 L.Ed.2d 674 (citing Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158, 164 , 100 L.Ed. 83 (1955)). “ ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so u 2008“Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the petitioner must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’ ” Strickland, 466 U.S. at 689 , 104 S.Ct. at 2065 , 80 L.Ed.2d 674 (citing Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158, 164 , 100 L.Ed. 83 (1955)). “ ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so u | 1 | 2008–2008 |
Randall v. Weber
green
2 sentences2003The petitioner must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy- Bradley v. Weber, 1999 SD 68, ¶ 19 , 595 N.W.2d 615, 621 . [¶ 16.] Recently, in Randall v.Weber, 2002 SD 149 , 655 N.W.2d 92 , this Court examined a habeas challenge to an attorney’s investigation. 2003The petitioner must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy- Bradley v. Weber, 1999 SD 68, ¶ 19 , 595 N.W.2d 615, 621 . [¶ 16.] Recently, in Randall v.Weber, 2002 SD 149 , 655 N.W.2d 92 , this Court examined a habeas challenge to an attorney’s investigation. | 1 | 2003–2003 |
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.