60 Missouri opinions name it 2 courts 1988–2025 10 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 |
|---|---|---|
Anderson v. Stategreen2 sentences2025“If the movant fails to satisfy either the performance or the prejudice prong of the test, then we need not consider the other[,] and his claim of ineffective assistance of counsel 10 must fail.” Anderson v. State, 66 S.W.3d 770, 775 (Mo. App. 2002); Blade v. State, 685 S.W.3d 633 , 638 (Mo. App. 2024). 2024"If the movant fails to satisfy either the performance or the prejudice prong of the test, then we need not consider the other[,] and his claim of ineffective assistance of counsel must fail." Anderson v. State, 66 S.W.3d 770, 775 (Mo. App. W.D. 2002). | 7 | 11 |
Johnson v. Stategreen2 sentences2014“Should a movant fail to satisfy either the performance prong or the prejudice prong of the test, the other prong need not be considered.” Johnson v. State, 5 S.W.3d 588, 590 (Mo.App.W.D.1999). 2010“Should a mov-ant fail to satisfy either the performance prong or the prejudice prong of the test, the other prong need not be considered.” Johnson v. State, 5 S.W.3d 588, 590 (Mo.App.1999). | 4 | 4 |
Patrick v. Stategreen2 sentences2012S.D.2007). “ ‘A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ ” Moss v. State, 10 S.W.3d 508, 511 (Mo. banc 2000) (quoting Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 2068 80 L.Ed.2d 674 (1984)). “ ‘If either the performance or the prejudice prong of the test is not met, then we need not consider the other, and Movant’s claim of ineffective assistance of counsel must fail.’ ” Chaney, 223 S.W.3d at 206 (quoting Patrick v. State, 160 S.W.3d 452, 455 (Mo.App. 2011Beaeh, 220 S.W.3d at 363 . “ ‘If either the performance or the prejudice prong of the test is not met, then we need not consider the other, and Movant’s claim of ineffective assistance of counsel must fail.’ ” Chaney v. State, 223 S.W.3d at 206 (quoting Patrick v. State, 160 S.W.3d 452, 455 (Mo.App. | 4 | 4 |
State v. Simmonsgreen2 sentences2012The prejudice prong of the test will be satisfied if Hays shows a “reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. 2012The prejudice prong of the test will be satisfied if Hays shows a “reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. | 3 | 16 |
State v. Nunleygreen2 sentences2005State v. Nunley, 980 S.W.2d 290, 292 (Mo. banc 1998) (cert. denied, 526 U.S. 1100 , 119 S.Ct. 1580 , 143 L.Ed.2d 674 (1999)). 2005Id. | 3 | 5 |
Chaney v. Stategreen2 sentences2012S.D.2007). “ ‘A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ ” Moss v. State, 10 S.W.3d 508, 511 (Mo. banc 2000) (quoting Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 2068 80 L.Ed.2d 674 (1984)). “ ‘If either the performance or the prejudice prong of the test is not met, then we need not consider the other, and Movant’s claim of ineffective assistance of counsel must fail.’ ” Chaney, 223 S.W.3d at 206 (quoting Patrick v. State, 160 S.W.3d 452, 455 (Mo.App. 2011Movant must show but for the conduct of his trial attorney about which he complains, he would not have pleaded guilty but would have insisted on going to trial. “ ‘If either the performance or the prejudice prong of the test is not met, then we need not consider the other, and Movant’s claim of ineffective assistance of counsel must fail.’ ” Chaney v. State, 223 S.W.3d 200, 206 (Mo.App. | 2 | 3 |
Deck v. Stategreen2 sentences2023"The ultimate determination in a post-conviction relief case is 'whether defendant has suffered a genuine deprivation of his right to effective assistance of counsel, such that this Court's confidence in the fairness of the proceeding is undermined.'" Hoeber, 488 S.W.3d at 657 (quoting Deck v. State, 68 S.W.3d 418, 428 (Mo. banc 2002)). 2014“Prejudice occurs when ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’ ” Johnson, 406 S.W.3d at 899 (quoting Deck v. State, 68 S.W.3d 418, 429 (Mo. banc 2002)). | 2 | 2 |
Sanders v. Stategreen2 sentences1989Sanders v. State, 738 S.W.2d 856, 857 (Mo. banc 1987). 1988This ground is denied.” Sanders, 738 S.W.2d 856 , teaches that a prisoner seeking post-conviction relief on the ground of ineffective assistance of counsel must satisfy both the performance prong and the prejudice prong of the test articulated there. | 1 | 2 |
Miller v. Stategreen1 sentence2016By pleading guilty, a defendant “waive[s] any claim that counsel was ineffective except to the extent that the conduct affected the voluntariness and knowledge with which the plea was made.” Miller v. State, 260 S.W.3d 393, 394 (Mo. App. W.D.2008). | 1 | 1 |
Marschke v. Stategreen1 sentence2015See Marschke v. State, 185 S.W.3d 295, 302 (Mo.App.2006). | 1 | 1 |
Williams v. Stategreen1 sentence2013“Should a movant fail to satisfy either the performance prong or the prejudice prong of the test, the other prong need not' be considered.” Williams v. State, 304 S.W.3d 745, 748 (Mo.App. | 1 | 1 |
Eichelberger v. Stategreen1 sentence2012Eichelberger v. State, 134 S.W.3d 790, 792 (Mo.App. | 1 | 1 |
Moss v. Stategreen1 sentence2012S.D.2007). “ ‘A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ ” Moss v. State, 10 S.W.3d 508, 511 (Mo. banc 2000) (quoting Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 2068 80 L.Ed.2d 674 (1984)). “ ‘If either the performance or the prejudice prong of the test is not met, then we need not consider the other, and Movant’s claim of ineffective assistance of counsel must fail.’ ” Chaney, 223 S.W.3d at 206 (quoting Patrick v. State, 160 S.W.3d 452, 455 (Mo.App. | 1 | 1 |
Eddy v. Stategreen1 sentence2010“If either the performance or the prejudice prong of the test is not met, then we need not consider the other, and the movant’s claim of ineffective assistance of counsel must fail.” Eddy v. State, 176 S.W.3d 214, 217 (Mo.App. | 1 | 1 |
Hamilton v. Stategreen1 sentence2009Hamilton v. State, 208 S.W.3d 344, 348 (Mo.App. | 1 | 1 |
Sexton v. Stategreen1 sentence2007Where, as here, there is a negotiated plea of guilty, a claim of “ineffective assistance of counsel is immaterial except to the extent it impinges upon the volun-tarine'sst and knowledge with which the guilty plea was made.” Cupp, 935 S.W.2d at 368 . ‘An Alford plea is not treated differently- than a guilty plea where the accused admits the commission of the crime charged.” Id. “ ‘As with any guilty plea, an Alford plea is valid if it “represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.” ’ ” Id. (quoting Sexton v. State, 36 S.W.3d 782, 7 | 1 | 1 |
| Goudeau v. Stategreen | 1 | 1 |
| Holloway v. Stategreen | 1 | 1 |
| State v. Hallgreen | 1 | 1 |
| Daniels v. Stategreen | 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
2 sentences2025To satisfy the prejudice prong of the test and demonstrate the requisite prejudice, Knapp was required to show there is a “reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694 . 2025To satisfy the prejudice prong of the test and demonstrate the requisite prejudice, Emmerson must show there is a “reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694 . | 12 | 1991–2025 |
Cupp v. State
green
2 sentences2010Where, as here, there is a negotiated plea of guilty, a claim of “ineffective assistance of counsel is immaterial except to the extent it impinges upon the voluntariness and knowledge with which the plea of guilty was made.” Cupp, 935 S.W.2d at 368 . 2010Where, as here, there is a negotiated plea of guilty, a claim of “ineffective assistance of counsel is immaterial except to the extent it impinges upon the voluntariness and knowledge with which the plea of guilty was made.” Cupp, 935 S.W.2d at 368 . | 3 | 2007–2010 |
Rojas-Ortega v. United States
green
2 sentences2005State v. Nunley, 980 S.W.2d 290, 292 (Mo. banc 1998) (cert. denied, 526 U.S. 1100 , 119 S.Ct. 1580 , 143 L.Ed.2d 674 (1999)). 2000State v. Nunley, 980 S.W.2d 290, 292 (Mo. banc 1998), cert. denied, 526 U.S. 1100 , 119 S.Ct. 1580 , 143 L.Ed.2d 674 (1999). | 3 | 2000–2005 |
Nunley v. Missouri
green
2 sentences2005State v. Nunley, 980 S.W.2d 290, 292 (Mo. banc 1998) (cert. denied, 526 U.S. 1100 , 119 S.Ct. 1580 , 143 L.Ed.2d 674 (1999)). 2000State v. Nunley, 980 S.W.2d 290, 292 (Mo. banc 1998), cert. denied, 526 U.S. 1100 , 119 S.Ct. 1580 , 143 L.Ed.2d 674 (1999). | 3 | 2000–2005 |
Hubbard v. State
green
2 sentences2023“Instead, in such a situation, [w]ith respect to the prejudice prong of a claim of ineffective assistance of counsel, [the movant] need only demonstrate a reasonable probability that he was incompetent, sufficient to undermine confidence in the outcome.” Id. (internal quotation marks omitted). 2023“This is a lower burden of proof than the preponderance standard.” Id. (internal quotation marks omitted). | 1 | 2023–2023 |
Edward L. Hoeber v. State of Missouri
green
1 sentence2023"The ultimate determination in a post-conviction relief case is 'whether defendant has suffered a genuine deprivation of his right to effective assistance of counsel, such that this Court's confidence in the fairness of the proceeding is undermined.'" Hoeber, 488 S.W.3d at 657 (quoting Deck v. State, 68 S.W.3d 418, 428 (Mo. banc 2002)). | 1 | 2023–2023 |
Berry v. State
green
1 sentence2023“If conviction results from a guilty plea, any claim of [IAC] is immaterial except to the extent that it impinges the voluntariness and knowledge with 2 “The same standard of review is applied when reviewing the grant or denial of a Rule 24.035 or Rule 29.15 motion.” Berry v. State, 551 S.W.3d 102 , 107 n.5 (Mo.App. 2018) (internal quotation marks and citations omitted). | 1 | 2023–2023 |
State Ex Rel. Amrine v. Roper
green
1 sentence2016Id. | 1 | 2016–2016 |
Tilley v. State
green
1 sentence2016Id. at 733-34 . | 1 | 2016–2016 |
Frederick W. Thornton v. State of Missouri
green
1 sentence2016“If the movant fails to satisfy either the performance prong or the prejudice prong of the test, the appellate court need not consider the other, and the claim of ineffective assistance of counsel must fail.” Id. at 439 . | 1 | 2016–2016 |
Taylor v. State
green
1 sentence2015Taylor, 403 S.W.3d at 686 (citing Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 ). | 1 | 2015–2015 |
Johnson v. State
green
1 sentence2014“Prejudice occurs when ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’ ” Johnson, 406 S.W.3d at 899 (quoting Deck v. State, 68 S.W.3d 418, 429 (Mo. banc 2002)). | 1 | 2014–2014 |
Spells v. State
green
1 sentence2013Id. at 346 . | 1 | 2013–2013 |
Beach v. State
green
1 sentence2011Beaeh, 220 S.W.3d at 363 . “ ‘If either the performance or the prejudice prong of the test is not met, then we need not consider the other, and Movant’s claim of ineffective assistance of counsel must fail.’ ” Chaney v. State, 223 S.W.3d at 206 (quoting Patrick v. State, 160 S.W.3d 452, 455 (Mo.App. | 1 | 2011–2011 |
| Terry Allen Bouchillon v. James A. Collins, Director Texas Department of Criminal Justice, Institutional Division green | 1 | 2000–2000 |
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.