failure to raise claim (Missouri) · Go Syfert
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failure to raise claim in Missouri

7 Missouri opinions name it 2 courts 1977–2024 1 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.

Followed or applied (5)

CaseFollowedCited
Murray v. Stategreen
moctapp · 2017 · cited in 2 Missouri opinions naming this issue, 2020–2020
2 sentences

2020For a failure to raise a claim on appeal, a movant must show a claim of error is “so obvious from the record that a competent and effective lawyer would have recognized it and asserted it.” Murray, 511 S.W.3d at 446 (citing Reuscher v. State, 887 S.W.2d 588, 591 (Mo. banc 1994)).

2020“For a failure to raise a claim on appeal, a movant must show a claim of error is ‘so obvious from the record that a competent and effective lawyer would have recognized it and asserted it.’” Id. at 671 (quoting Murray v. State, 511 S.W.3d 442, 446 (Mo. App. E.D. 2017)).

12
Reuscher v. Stategreen
mo · 1994 · cited in 1 Missouri opinions naming this issue, 2020–2020
1 sentence

2020For a failure to raise a claim on appeal, a movant must show a claim of error is “so obvious from the record that a competent and effective lawyer would have recognized it and asserted it.” Murray, 511 S.W.3d at 446 (citing Reuscher v. State, 887 S.W.2d 588, 591 (Mo. banc 1994)).

11
State v. Zweifelgreen
moctapp · 1981 · cited in 1 Missouri opinions naming this issue, 2009–2009
1 sentence

2009See Zweifel, 615 S.W.2d at 473 . *717 Standard of Review To prevail on a claim of ineffective assistance of appellate counsel, Defendant must show that: (1) appellate counsel failed to raise a claim of error that was so obvious that a competent and effective lawyer would have recognized and asserted it; and (2) the claimed error was sufficiently serious to create a reasonable probability that, if it were raised, the outcome of the appeal would have been different.

11
State v. Johnsongreen
mo · 2000 · cited in 1 Missouri opinions naming this issue, 2001–2001
1 sentence

2001State v. Johnson, 22 S.W.3d 183, 189 (Mo. banc 2000).

11
Ray v. Netherygreen
mo · 1953 · cited in 1 Missouri opinions naming this issue, 1977–1977
1 sentence

1977Ray v. Nethery, 255 S.W.2d 817, 819 [3, 4] (Mo.1953).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
State Ex Rel. Zinna v. Steele green
mo · 2010
1 sentence

2024Zinna, 301 S.W.3d at 516 .

12024–2024
Strickland v. Washington green
scotus · 1984
2 sentences

1991Under Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984), and Sanders v. State, 738 S.W.2d 856, 857 (Mo. banc 1987), a movant must show that his counsel’s performance was deficient and that such performance prejudiced his case.

1991Under Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984), and Sanders v. State, 738 S.W.2d 856, 857 (Mo. banc 1987), a movant must show that his counsel’s performance was deficient and that such performance prejudiced his case.

11991–1991
Sanders v. State green
mo · 1987
2 sentences

1991Under Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984), and Sanders v. State, 738 S.W.2d 856, 857 (Mo. banc 1987), a movant must show that his counsel's performance was deficient and that such performance prejudiced his case.

1991Under Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984), and Sanders v. State, 738 S.W.2d 856, 857 (Mo. banc 1987), a movant must show that his counsel’s performance was deficient and that such performance prejudiced his case.

11991–1991

Where else courts name it

PA 838 (1978–2026) IL 151 (1976–2026) NE 39 (2016–2026) CT 35 (1965–2023) CA 25 (1969–2024) NY 16 (1989–2026) OH 15 (2000–2026) IN 14 (1987–2019) TX 9 (1991–2023) GA 8 (1991–2026) MO 7 (1977–2024) AL 7 (1993–2017) FL 6 (1986–2008) IA 4 (1973–2017) AK 4 (1971–2008) UT 4 (2004–2019) DC 4 (1993–2024) MI 4 (1986–2018) CO 4 (1984–2020) WI 3 (2013–2020) AZ 3 (2002–2024) WY 2 (1988–1989) MA 2 (2000–2023) OK 2 (1994–1995) MD 2 (1983–2018) LA 2 (1999–2002) TN 2 (1995–2012) DE 2 (1996–2018) OR 2 (2026–2026)

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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