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8 Vermont opinions name it 2 courts 2004–2024 1 in the last five years
The cases below were cited by Vermont 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 |
|---|---|---|
In Re Dunbargreen2 sentences2011Petitioner’s burden of proving ineffective assistance “is a heavy one.” In re Dunbar, 162 Vt. 209, 212 (1994). 2010A defendant proves prejudice by demonstrating ‘a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” Dunbar, 162 Vt. at 212 (citation omitted). | 2 | 2 |
Strickland v. Washingtongreen2 sentences2010In considering an ineffective assistance claim, the court “must consider the totality of the evidence before the judge or jury,” and decide whether “the decision reached would reasonably likely have been different absent the errors.” Id. at 695-96 . 2004See Vermont Rules of Professional Conduct Scope at 4 (1999) (“[The Rules] are not designed to be a basis for civil liability.”); see also Strickland, 466 U.S. at 688 (“Prevailing norms of practice as reflected in American Bar Association standards and the like are guides to determining what is reasonable, but they are only guides.” (citation omitted)). | 1 | 2 |
In Re MBgreen1 sentence2024Assuming arguendo that father could bring an ineffective-assistance claim in this juvenile case, he fails to show how the alleged “incompetence prejudiced [the] case sufficiently to create the reasonable probability of a different outcome.” In re M.B., 162 Vt. 229, 236 (1994). | 1 | 1 |
State v. Davignongreen2 sentences2013See State v. Davignon, 152 Vt. 209, 222 , 565 A.2d 1301, 1308 (1989). 2013See State v. Davignon, 152 Vt. 209, 222 , 565 A.2d 1301, 1308 (1989). | 1 | 1 |
In re S.W.green2 sentences2013However, even considering father’s submissions as a proffer of the evidence he would muster in support of his ineffective-assistance claim, father cannot establish an ineffective-assistance claim on this record. [4] In re S.W. , 2008 VT 38, ¶ 7 (rejecting ineffective-assistance claim where parent failed to show that any ineffectiveness affected outcome of proceeding). ¶ 28. 2013However, even considering father’s submissions as a proffer of the evidence he would muster in support of his ineffective-assistance claim, father cannot establish an ineffective-assistance claim on this record. 4 In re S.W., 2008 VT 38, ¶ 7 (rejecting ineffective-assistance claim where parent failed to show that any ineffectiveness affected outcome of proceeding). ¶28. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Grega
green
2 sentences2020He cited In re Grega, 2003 VT 77, ¶ 16 , 175 Vt. 631 (mem.), as establishing when expert testimony was required to support an ineffective-assistance claim. 2020He cited In re Grega, 2003 VT 77, ¶ 16 , 175 Vt. 631 (mem.), as establishing when expert testimony was required to support an ineffective-assistance claim. | 2 | 2013–2020 |
In re Bruyette.
green
1 sentence2014We put this argument to rest in In re Bruyette, 2014 VT 30, ¶ 19 . | 1 | 2014–2014 |
In re Labounty
green
2 sentences2011An ineffective-assistance claim requires petitioner to “demonstrate first that counsel’s performance fell below an objective standard of reasonableness informed by prevailing professional norms and second, that counsel’s deficient performance prejudiced the defense.” In re LaBounty, 2005 VT 6, ¶ 7 , 177 Vt. 635 (mem.) (quotations omitted). 2011An ineffective-assistance claim requires petitioner to “demonstrate first that counsel’s performance fell below an objective standard of reasonableness informed by prevailing professional norms and second, that counsel’s deficient performance prejudiced the defense.” In re LaBounty, 2005 VT 6, ¶ 7 , 177 Vt. 635 (mem.) (quotations omitted). | 1 | 2011–2011 |
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.