9 California opinions name it 2 courts 2002–2021 1 in the last five years
The cases below were cited by California 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 |
|---|---|---|
Strickland v. Washingtongreen2 sentences2016The standard for evaluating a claim of ineffective counsel is set forth in Strickland v. Washington (1984) 466 U.S. 668 , 687, [ 104 S.Ct. 2052 , 80 L.Ed.2d 674 ] : "First, [appellant] must show that counsel's performance was deficient.... 2016The standard for evaluating a claim of ineffective counsel is set forth in Strickland v. Washington (1984) 466 U.S. 668 , 687, [ 104 S.Ct. 2052 , 80 L.Ed.2d 674 ] : "First, [appellant] must show that counsel's performance was deficient.... | 4 | 6 |
Procunier v. Martinezred2 sentences2002The extent to which that right is burdened by a particular regulation or practice must be weighed against the legitimate interests of penal administration ...." ( Procunier, supra, 416 U.S. at p. 420 , 94 S.Ct. 1800 .) Procunier thus required a strict scrutiny standard for the infringement of rights protected by the United States Constitution, but affirmed the Harrell standard to protect other prisoner interests. 2002The extent to which that right is burdened by a particular regulation or practice must be weighed against the legitimate interests of penal administration ...." ( Procunier, supra, 416 U.S. at p. 420 , 94 S.Ct. 1800 .) Procunier thus required a strict scrutiny standard for the infringement of rights protected by the United States Constitution, but affirmed the Harrell standard to protect other prisoner interests. | 2 | 2 |
People v. Nguyengreen1 sentence2021Code, § 352; see Falsetta, supra, 21 Cal.4th at pp. 916–917.) The prejudice that Evidence Code section 352 seeks to avoid is not that which “ ‘ “naturally flows from relevant, highly probative evidence.” ’ ” (People v. Harris (1998) 60 Cal.App.4th 727, 737 .) Rather, prejudice in this context evokes “ ‘ “an emotional bias” ’ ” or “ ‘ “ ‘ “prejudging” a person or cause on the basis of extraneous factors.’ ” ’ ” (People v. Nguyen (2010) 184 Cal.App.4th 1096, 1115 .) As noted above, the standard for evaluating a claim of ineffective counsel is as follows: “First, the defendant must show that coun | 1 | 1 |
People v. Harrisgreen1 sentence2021Code, § 352; see Falsetta, supra, 21 Cal.4th at pp. 916–917.) The prejudice that Evidence Code section 352 seeks to avoid is not that which “ ‘ “naturally flows from relevant, highly probative evidence.” ’ ” (People v. Harris (1998) 60 Cal.App.4th 727, 737 .) Rather, prejudice in this context evokes “ ‘ “an emotional bias” ’ ” or “ ‘ “ ‘ “prejudging” a person or cause on the basis of extraneous factors.’ ” ’ ” (People v. Nguyen (2010) 184 Cal.App.4th 1096, 1115 .) As noted above, the standard for evaluating a claim of ineffective counsel is as follows: “First, the defendant must show that coun | 1 | 1 |
People v. Falsettagreen1 sentence2021Code, § 352; see Falsetta, supra, 21 Cal.4th at pp. 916–917.) The prejudice that Evidence Code section 352 seeks to avoid is not that which “ ‘ “naturally flows from relevant, highly probative evidence.” ’ ” (People v. Harris (1998) 60 Cal.App.4th 727, 737 .) Rather, prejudice in this context evokes “ ‘ “an emotional bias” ’ ” or “ ‘ “ ‘ “prejudging” a person or cause on the basis of extraneous factors.’ ” ’ ” (People v. Nguyen (2010) 184 Cal.App.4th 1096, 1115 .) As noted above, the standard for evaluating a claim of ineffective counsel is as follows: “First, the defendant must show that coun | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Panetti v. Quarterman
green
2 sentences2018Without attempting to "set down a rule governing all competency determinations" ( id. at pp. 960-961, 127 S.Ct. 2842 ), the high court in Panetti explained that a court evaluating a claim of incompetence to be executed should have considered evidence that the prisoner "suffer[ed] from a severe, documented mental illness that is the source of gross delusions preventing him from comprehending the meaning and purpose of the punishment to which he has been sentenced" ( id. at p. 960, 127 S.Ct. 2842 ). 2018Without attempting to "set down a rule governing all competency determinations" ( id. at pp. 960-961, 127 S.Ct. 2842 ), the high court in Panetti explained that a court evaluating a claim of incompetence to be executed should have considered evidence that the prisoner "suffer[ed] from a severe, documented mental illness that is the source of gross delusions preventing him from comprehending the meaning and purpose of the punishment to which he has been sentenced" ( id. at p. 960, 127 S.Ct. 2842 ). | 1 | 2018–2018 |
People v. Coffman
green
2 sentences2016Second, [appellant] must show that the deficient performance prejudiced the defense." To establish deficient performance, appellant must show that counsel's "performance fell below an objective standard of reasonableness under prevailing professional norms." ( In re Cudjo (1999) 20 Cal.4th 673 , 687, 85 Cal.Rptr.2d 436 , 977 P.2d 66 .) Appellant's claims of deficient performance involve counsel's tactical decisions. " ' " 'Reviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel [citation], and there is a "strong presumption th 2016Second, [appellant] must show that the deficient performance prejudiced the defense." To establish deficient performance, appellant must show that counsel's "performance fell below an objective standard of reasonableness under prevailing professional norms." ( In re Cudjo (1999) 20 Cal.4th 673 , 687, 85 Cal.Rptr.2d 436 , 977 P.2d 66 .) Appellant's claims of deficient performance involve counsel's tactical decisions. " ' " 'Reviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel [citation], and there is a "strong presumption th | 1 | 2016–2016 |
In re Cudjo
green
2 sentences2016Second, [appellant] must show that the deficient performance prejudiced the defense." To establish deficient performance, appellant must show that counsel's "performance fell below an objective standard of reasonableness under prevailing professional norms." ( In re Cudjo (1999) 20 Cal.4th 673 , 687, 85 Cal.Rptr.2d 436 , 977 P.2d 66 .) Appellant's claims of deficient performance involve counsel's tactical decisions. " ' " 'Reviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel [citation], and there is a "strong presumption th 2016Second, [appellant] must show that the deficient performance prejudiced the defense." To establish deficient performance, appellant must show that counsel's "performance fell below an objective standard of reasonableness under prevailing professional norms." ( In re Cudjo (1999) 20 Cal.4th 673 , 687, 85 Cal.Rptr.2d 436 , 977 P.2d 66 .) Appellant's claims of deficient performance involve counsel's tactical decisions. " ' " 'Reviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel [citation], and there is a "strong presumption th | 1 | 2016–2016 |
People v. Weaver
green
2 sentences2016Second, [appellant] must show that the deficient performance prejudiced the defense." To establish deficient performance, appellant must show that counsel's "performance fell below an objective standard of reasonableness under prevailing professional norms." ( In re Cudjo (1999) 20 Cal.4th 673 , 687, 85 Cal.Rptr.2d 436 , 977 P.2d 66 .) Appellant's claims of deficient performance involve counsel's tactical decisions. " ' " 'Reviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel [citation], and there is a "strong presumption th 2016Second, [appellant] must show that the deficient performance prejudiced the defense." To establish deficient performance, appellant must show that counsel's "performance fell below an objective standard of reasonableness under prevailing professional norms." ( In re Cudjo (1999) 20 Cal.4th 673 , 687, 85 Cal.Rptr.2d 436 , 977 P.2d 66 .) Appellant's claims of deficient performance involve counsel's tactical decisions. " ' " 'Reviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel [citation], and there is a "strong presumption th | 1 | 2016–2016 |
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.