56 Wyoming opinions name it 1 courts 1986–2024 1 in the last five years
The cases below were cited by Wyoming 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 |
|---|---|---|
Chapman v. Stategreen2 sentences2012In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to 'render such assistance as would have been offered by a reasonably competent attorney' and that 'counsel's deficiency prejudiced the defense of [the] case' Lower v. State, 786 P.2d 346, 349 (Wyo.1990). 'The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Strickland, 466 U.S. at 686 , 10 2012In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to 'render such assistance as would have been offered by a reasonably competent attorney' and that 'counsel's deficiency prejudiced the defense of [the] case' Lower v. State, 786 P.2d 346, 349 (Wyo.1990). 'The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Strickland, 466 U.S. at 686 , 10 | 14 | 15 |
Grainey v. Stategreen2 sentences2024“If the appellant fails to make the required showing 5 of either deficient performance or prejudice, he cannot establish defense counsel was ineffective.” Id. (citing Weston, ¶ 35, 451 P.3d at 768 , and Osborne v. State, 2012 WY 123, ¶ 19 , 285 P.3d 248, 252 (Wyo. 2012)). “‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process’” that the proceedings cannot be relied upon as “‘having produced a just result.’” Grainey v. State, 997 P.2d 1035, 1039 (Wyo. 2000) (quoting Strickland, 466 U.S. at 686 , 2012In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to 'render such assistance as would have been offered by a reasonably competent attorney' and that 'counsel's deficiency prejudiced the defense of [the] case' Lower v. State, 786 P.2d 346, 349 (Wyo.1990). 'The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Strickland, 466 U.S. at 686 , 10 | 13 | 14 |
Reyna v. Stategreen2 sentences2006In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to `render such assistance as would have been offered by a reasonably competent attorney' and that `counsel's deficiency prejudiced the defense of [the] case.' Lower v. State, 786 P.2d 346, 349 (Wyo. 1990). `The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.' Strickland, 466 U.S. at 686 , 2006In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to `render such assistance as would have been offered by a reasonably competent attorney' and that `counsel's deficiency prejudiced the defense of [the] case.' Lower v. State, 786 P.2d 346, 349 (Wyo. 1990). `The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.' Strickland, 466 U.S. at 686 , | 8 | 9 |
Becker v. Stategreen2 sentences2005In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to ‘render such assistance as would have been offered by a reasonably competent attorney’ and that ‘counsel’s deficiency prejudiced the defense of the case.’ Lower v. State, 786 P.2d 346, 349 (Wyo.1990). ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.’ Strickland, 466 U.S. at 686 , 104 2005In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to ‘render such assistance as would have been offered by a reasonably competent attorney’ and that ‘counsel’s deficiency prejudiced the defense of the case.’ Lower v. State, 786 P.2d 346, 349 (Wyo.1990). ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.’ Strickland, 466 U.S. at 686 , 104 | 7 | 8 |
Lower v. Stategreen2 sentences2012In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to 'render such assistance as would have been offered by a reasonably competent attorney' and that 'counsel's deficiency prejudiced the defense of [the] case' Lower v. State, 786 P.2d 346, 349 (Wyo.1990). 'The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Strickland, 466 U.S. at 686 , 10 2006In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to `render such assistance as would have been offered by a reasonably competent attorney' and that `counsel's deficiency prejudiced the defense of [the] case.' Lower v. State, 786 P.2d 346, 349 (Wyo. 1990). `The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.' Strickland, 466 U.S. at 686 , | 7 | 7 |
Dettloff v. Stategreen2 sentences2017“The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Luftig, ¶ 17, 228 P.3d at 864 (quoting Dettloff v. State, 2007 WY 29, ¶ 18 , 152 P.3d 376, 382 (Wyo. 2007) (internal citations omitted)). 2017“The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Luftig, ¶ 17, 228 P.3d at 864 (quoting Dettloff v. State, 2007 WY 29, ¶ 18 , 152 P.3d 376, 382 (Wyo. 2007) (internal citations omitted)). | 6 | 7 |
Asch v. Stategreen2 sentences2005In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to ‘render such assistance as would have been offered by a reasonably competent attorney’ and that ‘counsel’s deficiency prejudiced the defense of the case.’ Lower v. State, 786 P.2d 346, 349 (Wyo.1990). ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.’ Strickland, 466 U.S. at 686 , 104 2005In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to ‘render such assistance as would have been offered by a reasonably competent attorney’ and that ‘counsel’s deficiency prejudiced the defense of the case.’ Lower v. State, 786 P.2d 346, 349 (Wyo.1990). ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.’ Strickland, 466 U.S. at 686 , 104 | 5 | 6 |
Sincock v. Stategreen2 sentences2017“The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Luftig v. State, 2010 WY 43, ¶ 17 , 228 P.3d 857, 864 (Wyo. 2010) (quoting Dettloff v. State, 2007 WY 29, ¶ 18 , 152 P.3d 376, 382 (Wyo. 2007) (internal citations omitted)). [¶5] Also, We do not evaluate counsel’s efforts in hindsight, but attempt to “reconstruct the circumstances surrounding the challenged conduct and evaluate the professional efforts from the perspective 2017“The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Luftig v. State, 2010 WY 43, ¶ 17 , 228 P.3d 857, 864 (Wyo. 2010) (quoting Dettloff v. State, 2007 WY 29, ¶ 18 , 152 P.3d 376, 382 (Wyo. 2007) (internal citations omitted)). [¶5] Also, We do not evaluate counsel’s efforts in hindsight, but attempt to “reconstruct the circumstances surrounding the challenged conduct and evaluate the professional efforts from the perspective | 4 | 4 |
Jackson v. Stategreen2 sentences2012"The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Jackson v. State, 902 P.2d 1292, 1295 (Wyo.1995) (quoting Strickland v. Washington, 466 U.S. 668, 686 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984)). [¶12] Claims of ineffective assistance of counsel entail mixed questions of law and fact. 2012"The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Jackson v. State, 902 P.2d 1292, 1295 (Wyo.1995) (quoting Strickland v. Washington, 466 U.S. 668, 686 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984)). | 3 | 3 |
Luftig v. Stategreen2 sentences2017“The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Luftig v. State, 2010 WY 43, ¶ 17 , 228 P.3d 857, 864 (Wyo. 2010) (quoting Dettloff v. State, 2007 WY 29, ¶ 18 , 152 P.3d 376, 382 (Wyo. 2007) (internal citations omitted)). [¶5] Also, We do not evaluate counsel’s efforts in hindsight, but attempt to “reconstruct the circumstances surrounding the challenged conduct and evaluate the professional efforts from the perspective 2017“The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Luftig, ¶ 17, 228 P.3d at 864 (quoting Dettloff v. State, 2007 WY 29, ¶ 18 , 152 P.3d 376, 382 (Wyo. 2007) (internal citations omitted)). | 2 | 3 |
Duke v. Stategreen2 sentences2007Duke v. State, 2004 WY 120, ¶ 36 , 99 P.3d 928, 943 (Wyo.2004), cert. denied, 544 U.S. 1062 , 125 S.Ct. 2513 , 161 L.Ed.2d 1113 (2005). 2007Duke v. State, 2004 WY 120, ¶ 36 , 99 P.3d 928, 943 (Wyo.2004), cert. denied, 544 U.S. 1062 , 125 S.Ct. 2513 , 161 L.Ed.2d 1113 (2005). | 2 | 2 |
Strickland v. Washingtongreen2 sentences2024“If the appellant fails to make the required showing 5 of either deficient performance or prejudice, he cannot establish defense counsel was ineffective.” Id. (citing Weston, ¶ 35, 451 P.3d at 768 , and Osborne v. State, 2012 WY 123, ¶ 19 , 285 P.3d 248, 252 (Wyo. 2012)). “‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process’” that the proceedings cannot be relied upon as “‘having produced a just result.’” Grainey v. State, 997 P.2d 1035, 1039 (Wyo. 2000) (quoting Strickland, 466 U.S. at 686 , 2024“If the appellant fails to make the required showing 5 of either deficient performance or prejudice, he cannot establish defense counsel was ineffective.” Id. (citing Weston, ¶ 35, 451 P.3d at 768 , and Osborne v. State, 2012 WY 123, ¶ 19 , 285 P.3d 248, 252 (Wyo. 2012)). “‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process’” that the proceedings cannot be relied upon as “‘having produced a just result.’” Grainey v. State, 997 P.2d 1035, 1039 (Wyo. 2000) (quoting Strickland, 466 U.S. at 686 , | 1 | 37 |
Osborne v. Stategreen2 sentences2024“If the appellant fails to make the required showing 5 of either deficient performance or prejudice, he cannot establish defense counsel was ineffective.” Id. (citing Weston, ¶ 35, 451 P.3d at 768 , and Osborne v. State, 2012 WY 123, ¶ 19 , 285 P.3d 248, 252 (Wyo. 2012)). “‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process’” that the proceedings cannot be relied upon as “‘having produced a just result.’” Grainey v. State, 997 P.2d 1035, 1039 (Wyo. 2000) (quoting Strickland, 466 U.S. at 686 , 2024“If the appellant fails to make the required showing 5 of either deficient performance or prejudice, he cannot establish defense counsel was ineffective.” Id. (citing Weston, ¶ 35, 451 P.3d at 768 , and Osborne v. State, 2012 WY 123, ¶ 19 , 285 P.3d 248, 252 (Wyo. 2012)). “‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process’” that the proceedings cannot be relied upon as “‘having produced a just result.’” Grainey v. State, 997 P.2d 1035, 1039 (Wyo. 2000) (quoting Strickland, 466 U.S. at 686 , | 1 | 1 |
Shongutsie v. Stategreen1 sentence2024“The right to effective counsel encompasses the correlative rights” that counsel be “free from conflicts of interests” and “reasonably competent.” Shongutsie v. State, 827 P.2d 361, 364 (Wyo. 1992), receded from on other grounds by Murray v. State, 855 P.2d 350, 358 (Wyo. 1993). [¶20] Mr. Keller claims PDs Infanger and Scott performed deficiently because they had conflicts of interest. | 1 | 1 |
Murray v. Stategreen1 sentence2024“The right to effective counsel encompasses the correlative rights” that counsel be “free from conflicts of interests” and “reasonably competent.” Shongutsie v. State, 827 P.2d 361, 364 (Wyo. 1992), receded from on other grounds by Murray v. State, 855 P.2d 350, 358 (Wyo. 1993). [¶20] Mr. Keller claims PDs Infanger and Scott performed deficiently because they had conflicts of interest. | 1 | 1 |
Peterson v. Stategreen2 sentences2012Peterson v. State, 2012 WY 17, ¶ 11 , 270 P.3d 648, 653 (Wyo.2012). [¶12] In this case, an evidentiary hearing was held by the district court to develop Kramer's claims of ineffective assistance. 2012Peterson v. State, 2012 WY 17, ¶ 11 , 270 P.3d 648, 653 (Wyo.2012). [¶12] In this case, an evidentiary hearing was held by the district court to develop Kramer's claims of ineffective assistance. | 1 | 1 |
Robinson v. Stategreen1 sentence2012Sanches v. State, 2011 WY 77, ¶ 40 , 253 P.3d 186 , 147 (Wyo.2011); Robinson v. State, 2008 WY 32, ¶ 14 , 64 P.3d 743, 747 (Wyo.2003). | 1 | 1 |
Robison v. Stategreen2 sentences2012Robison v. State, 2011 WY 4, ¶ 7 , 246 P.3d 259, 262-263 (Wyo.2011) (citations omitted). [¶15] Snow argues specifically that his trial attorney had a duty to present to the jury the lesser-included offense instruction of "criminal entry." However, upon our review of the record, it appears that defense counsel's trial strategy was to defend the burglary, not by saying that Snow did not have the intent to commit larceny when he entered the office, but by contending that he had authority to enter the office. 2012Robison v. State, 2011 WY 4, ¶ 7 , 246 P.3d 259, 262-263 (Wyo.2011) (citations omitted). [¶15] Snow argues specifically that his trial attorney had a duty to present to the jury the lesser-included offense instruction of "criminal entry." However, upon our review of the record, it appears that defense counsel's trial strategy was to defend the burglary, not by saying that Snow did not have the intent to commit larceny when he entered the office, but by contending that he had authority to enter the office. | 1 | 1 |
Martinez v. Stategreen2 sentences2007Martinez v. State, 2006 WY 20, ¶ 23 , 128 P.3d 652, 663 (Wyo.2006). 2007Martinez v. State, 2006 WY 20, ¶ 23 , 128 P.3d 652, 663 (Wyo.2006). | 1 | 1 |
Doles v. Stategreen2 sentences2006In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to `render such assistance as would have been offered by a reasonably competent attorney' and that `counsel's deficiency prejudiced the defense of [the] case.' Lower v. State, 786 P.2d 346, 349 (Wyo. 1990). `The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.' Strickland, 466 U.S. at 686 , 2006In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to `render such assistance as would have been offered by a reasonably competent attorney' and that `counsel's deficiency prejudiced the defense of [the] case.' Lower v. State, 786 P.2d 346, 349 (Wyo. 1990). `The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.' Strickland, 466 U.S. at 686 , | 1 | 1 |
| Sorensen v. Stategreen | 1 | 1 |
| Stout v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gleason v. State
green
2 sentences2008Gleason, 2002 WY 161 , 57 P.3d 332 . 2008Gleason, 2002 WY 161 , 57 P.3d 332 . | 9 | 2003–2008 |
Hirsch v. State
green
2 sentences2010"The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Id., quoting Strickland, 466 U.S. at 686 , 104 S.Ct. [at 2064]. 2007"The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Id., quoting Strickland, 466 U.S. at 686 , 104 S.Ct. 2052 . [119] The burden of proving that counsel was ineffective rests entirely on the appellant. | 2 | 2007–2010 |
Doss v. Mississippi
neutral
2 sentences2007Duke v. State, 2004 WY 120, ¶ 36 , 99 P.3d 928, 943 (Wyo.2004), cert. denied, 544 U.S. 1062 , 125 S.Ct. 2513 , 161 L.Ed.2d 1113 (2005). 2005Duke v. State, 2004 WY 120, ¶ 36 , 99 P.3d 928, 943 (Wyo.2004), cert. denied, — U.S. -, 125 S.Ct. 2513 , 161 L.Ed.2d 1113 (2005). | 2 | 2005–2007 |
Sean Wayne Weston v. The State of Wyoming
green
1 sentence2024“If the appellant fails to make the required showing 5 of either deficient performance or prejudice, he cannot establish defense counsel was ineffective.” Id. (citing Weston, ¶ 35, 451 P.3d at 768 , and Osborne v. State, 2012 WY 123, ¶ 19 , 285 P.3d 248, 252 (Wyo. 2012)). “‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process’” that the proceedings cannot be relied upon as “‘having produced a just result.’” Grainey v. State, 997 P.2d 1035, 1039 (Wyo. 2000) (quoting Strickland, 466 U.S. at 686 , | 1 | 2024–2024 |
Miranda Rose Mraz v. State
green
1 sentence2017Mraz, ¶ 43, 378 P.3d at 291 . [¶57] We have also stated: An ineffective assistance claim has a performance component and a prejudice component. | 1 | 2017–2017 |
Gray v. State Ex Rel. Wyoming Workers' Safety & Compensation Division
green
1 sentence2016"The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." ___ Luftig, ¶ 17, 228 P.8d at 864 (quoting Dettloff v. State, 2007 WY 29 , [ 18, 152 P.8d 376, 382 (Wyo. 2007) (internal citations omitted». [144] We have also said: We do not evaluate counsel's efforts in hindsight, but attempt to "reconstruct the circumstances surrounding the challenged conduct and evaluate the professional efforts from the perspective of counsel at the t | 1 | 2016–2016 |
Jasper v. Brinckerhoff
green
1 sentence2012Sanches v. State, 2011 WY 77, ¶ 40 , 253 P.3d 186 , 147 (Wyo.2011); Robinson v. State, 2008 WY 32, ¶ 14 , 64 P.3d 743, 747 (Wyo.2003). | 1 | 2012–2012 |
Sanchez v. State
green
1 sentence2012Sanches v. State, 2011 WY 77, ¶ 40 , 253 P.3d 186 , 147 (Wyo.2011); Robinson v. State, 2008 WY 32, ¶ 14 , 64 P.3d 743, 747 (Wyo.2003). | 1 | 2012–2012 |
Whitt v. United States
green
1 sentence2007Duke v. State, 2004 WY 120, ¶ 36 , 99 P.3d 928, 943 (Wyo.2004), cert. denied, 544 U.S. 1062 , 125 S.Ct. 2513 , 161 L.Ed.2d 1113 (2005). | 1 | 2007–2007 |
Strickland v. State
green
1 sentence2005Strickland v. State, 2004 WY 91, ¶ 17 , 94 P.3d 1034 , ¶ 17 (Wyo.2004) (alterations in original), DISCUSSION [¶ 11] The State argues that because the claims that may be presented on a petition for post-conviction relief are limited, the primary consideration in this matter is actually Keats’ claim of ineffective assistance of appellate counsel as it serves as the only portal through which Keats may assert the ineffectiveness of his trial counsel. | 1 | 2005–2005 |
| Overson v. Ayers neutral | 1 | 2002–2002 |
| Sorensen v. Wyoming neutral | 1 | 2002–2002 |
| Charles R. Chadwick v. Calvin E. Green, Superintendent, Wayne Correctional Institution, Odum, Georgia green | 1 | 1991–1991 |
| Kevin Winston Osborn v. Duane Shillinger, Warden of the Wyoming State Penitentiary A.G. McClintock the Attorney General of the State of Wyoming green | 1 | 1991–1991 |
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.