two- pronged test (West Virginia) · Go Syfert
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two- pronged test in West Virginia

9 West Virginia opinions name it 1 courts 2014–2022 2 in the last five years

The cases below were cited by West Virginia 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in West Virginia.

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
State v. Miller green
wva · 1995
2 sentences

2022Va. 3 , 459 S.E.2d 114 (1995), we apply a two- pronged test when reviewing a claim of ineffective assistance of counsel: “(1) Counsel’s performance was deficient under an objective standard of reasonableness; and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.” Id., Syl.

2022Va. 3 , 459 S.E.2d 114 (1995), we apply a two- pronged test when reviewing a claim of ineffective assistance of counsel: “(1) Counsel’s performance was deficient under an objective standard of reasonableness; and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.” Id., Syl.

52014–2022
Strickland v. Washington green
scotus · 1984
2 sentences

2019Va. 3 , 459 S.E.2d 114 (1995) (“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two- pronged test established in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984): (1) Counsel’s performance was deficient under an objective standard of reasonableness; and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.”).

2019Va. 3 , 459 S.E.2d 114 (1995) (“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two- pronged test established in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984): (1) Counsel’s performance was deficient under an objective standard of reasonableness; and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.”).

52015–2019
State Ex Rel. Rusen v. Hill green
wva · 1995
2 sentences

2017Rusen v. Hill, 193 W.Va. 133 , 454 S.E.2d 427 (1994). 2.

2017Rusen v. Hill, 193 W.Va. 133 , 454 S.E.2d 427 (1994). 2.

12017–2017

Statutes the citing opinions construe

WV § W. Va. Code § 15A-5-3 (3)

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.

Where else courts name it

TX 140 (1970–2026) CT 53 (1988–2025) OH 40 (1981–2026) IL 40 (1996–2026) WA 30 (2004–2025) NJ 22 (2018–2026) LA 20 (1985–2025) MS 15 (1983–2018) NC 15 (1986–2021) DE 15 (2016–2026) MI 11 (1974–2025) WV 9 (2014–2022) OK 8 (1974–2001) FL 7 (1985–2022) PA 6 (1981–2023) NE 6 (2014–2022) IA 6 (2016–2026) TN 6 (1993–2015) AL 6 (1977–2025) MO 5 (1986–2015) SD 5 (2003–2007) CA 5 (1973–2022) NY 5 (1969–2016) WI 4 (1976–2017) ID 4 (1980–2012) VA 4 (1997–2015) MT 4 (1978–2014) IN 3 (1992–2017) CO 2 (1990–1994) SC 2 (2008–2016) AZ 2 (1977–2008) KY 2 (2015–2015) MA 2 (1979–2024) AK 2 (1982–1983) GA 2 (1976–2014)

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.

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