adverse effect defense (Virginia) · Go Syfert
← Virginia issues

adverse effect defense in Virginia

8 Virginia opinions name it 2 courts 1984–2011 0 in the last five years

The cases below were cited by 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 (4)

CaseFollowedCited
Murray v. Griffithgreen
va · 1992 · cited in 2 Virginia opinions naming this issue, 2002–2005
2 sentences

2005Rather, "[e]ven if a defendant shows that particular errors of counsel were unreasonable ... the defendant must show that they actually had an adverse effect on the defense." Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 ; accord Hedrick v. Warden, 264 Va. 486 , 496, 570 S.E.2d 840 , 847 (2002); Moore v. Hinkle, 259 Va. 479 , 487, 527 S.E.2d 419 , 423 (2000); Murray v. Griffith, 243 Va. 384 , 388, 416 S.E.2d 219 , 221 (1992).

2005Rather, "[e]ven if a defendant shows that particular errors of counsel were unreasonable ... the defendant must show that they actually had an adverse effect on the defense." Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 ; accord Hedrick v. Warden, 264 Va. 486 , 496, 570 S.E.2d 840 , 847 (2002); Moore v. Hinkle, 259 Va. 479 , 487, 527 S.E.2d 419 , 423 (2000); Murray v. Griffith, 243 Va. 384 , 388, 416 S.E.2d 219 , 221 (1992).

12
Moore v. Hinklegreen
va · 2000 · cited in 2 Virginia opinions naming this issue, 2002–2005
2 sentences

2005Rather, "[e]ven if a defendant shows that particular errors of counsel were unreasonable ... the defendant must show that they actually had an adverse effect on the defense." Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 ; accord Hedrick v. Warden, 264 Va. 486 , 496, 570 S.E.2d 840 , 847 (2002); Moore v. Hinkle, 259 Va. 479 , 487, 527 S.E.2d 419 , 423 (2000); Murray v. Griffith, 243 Va. 384 , 388, 416 S.E.2d 219 , 221 (1992).

2005Rather, "[e]ven if a defendant shows that particular errors of counsel were unreasonable ... the defendant must show that they actually had an adverse effect on the defense." Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 ; accord Hedrick v. Warden, 264 Va. 486 , 496, 570 S.E.2d 840 , 847 (2002); Moore v. Hinkle, 259 Va. 479 , 487, 527 S.E.2d 419 , 423 (2000); Murray v. Griffith, 243 Va. 384 , 388, 416 S.E.2d 219 , 221 (1992).

12
Strickler v. Murraygreen
va · 1995 · cited in 1 Virginia opinions naming this issue, 2011–2011
2 sentences

2011The Supreme Court has characterized that requirement as "highly demanding," and we have similarly described it as a "heavy burden." Kimmelman v. Morrison, 477 U.S. 365, 382 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986); Strickler v. Murray, 249 Va. 120, 128-29 , 452 S.E.2d 648, 652 (1995).

2011The Supreme Court has characterized that requirement as "highly demanding," and we have similarly described it as a "heavy burden." Kimmelman v. Morrison, 477 U.S. 365, 382 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986); Strickler v. Murray, 249 Va. 120, 128-29 , 452 S.E.2d 648, 652 (1995).

11
Hedrick v. Warden of Sussex I State Prisongreen
va · 2002 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005Rather, "[e]ven if a defendant shows that particular errors of counsel were unreasonable ... the defendant must show that they actually had an adverse effect on the defense." Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 ; accord Hedrick v. Warden, 264 Va. 486 , 496, 570 S.E.2d 840 , 847 (2002); Moore v. Hinkle, 259 Va. 479 , 487, 527 S.E.2d 419 , 423 (2000); Murray v. Griffith, 243 Va. 384 , 388, 416 S.E.2d 219 , 221 (1992).

2005Rather, "[e]ven if a defendant shows that particular errors of counsel were unreasonable ... the defendant must show that they actually had an adverse effect on the defense." Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 ; accord Hedrick v. Warden, 264 Va. 486 , 496, 570 S.E.2d 840 , 847 (2002); Moore v. Hinkle, 259 Va. 479 , 487, 527 S.E.2d 419 , 423 (2000); Murray v. Griffith, 243 Va. 384 , 388, 416 S.E.2d 219 , 221 (1992).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2011The second prong of Strickland requires a habeas corpus petitioner to "affirmatively prove prejudice" and to show that counsel's defective performance "actually had an adverse effect on the defense." Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 .

2011The second prong of Strickland requires a habeas corpus petitioner to "affirmatively prove prejudice" and to show that counsel's defective performance "actually had an adverse effect on the defense." Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 .

81984–2011
Kimmelman v. Morrison green
scotus · 1986
2 sentences

2011The Supreme Court has characterized that requirement as "highly demanding," and we have similarly described it as a "heavy burden." Kimmelman v. Morrison, 477 U.S. 365, 382 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986); Strickler v. Murray, 249 Va. 120, 128-29 , 452 S.E.2d 648, 652 (1995).

2011The Supreme Court has characterized that requirement as "highly demanding," and we have similarly described it as a "heavy burden." Kimmelman v. Morrison, 477 U.S. 365, 382 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986); Strickler v. Murray, 249 Va. 120, 128-29 , 452 S.E.2d 648, 652 (1995).

12011–2011

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-31 (4)

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

TN 388 (1987–2026) WI 40 (1990–2026) TX 40 (1985–2019) ME 28 (2015–2024) UT 20 (2007–2026) KS 15 (2001–2022) AR 13 (2000–2021) VT 13 (1999–2022) MD 11 (1985–2023) VA 8 (1984–2011) MO 7 (1986–2022) CA 6 (2013–2024) WA 6 (2001–2015) IA 5 (2008–2024) FL 5 (1990–2025) CO 5 (2007–2020) GA 5 (2008–2026) IL 4 (1992–2025) CT 4 (1995–2002) PA 4 (1977–2022) WV 3 (2013–2015) NY 3 (1985–2024) ND 3 (2001–2003) OH 3 (2000–2023) MI 3 (1986–2017) IN 2 (1984–1989) AZ 2 (1984–2004) DE 2 (2019–2019) NC 2 (2022–2022) AL 2 (1996–2005)

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.

← Caselaw search · G Cite Topics · Brief Check