making the prejudice inquiry (Nebraska) · Go Syfert
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making the prejudice inquiry in Nebraska

7 Nebraska opinions name it 2 courts 1984–2023 2 in the last five years

The cases below were cited by Nebraska 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
State v. Hendersongreen
neb · 2018 · cited in 1 Nebraska opinions naming this issue, 2023–2023
2 sentences

2023Accord State v. Stricklin, supra. State v. Henderson, 301 Neb. at 641 , 920 N.W.2d at 257 .

2023Accord State v. Stricklin, supra. State v. Henderson, 301 Neb. at 641 , 920 N.W.2d at 257 .

11
State v. Sandersgreen
neb · 2014 · cited in 1 Nebraska opinions naming this issue, 2015–2015
1 sentence

2015To do so, the State would have to argue not only that a dis- covery violation actually occurred, but also that exclusion of defense witnesses was an appropriate sanction in light of the compulsory process rights of the defendant to present wit- nesses in his or her own defense.23 The State does not make such arguments. [10] Rather, the State argues that counsel’s performance did not prejudice Armstrong because the testimony of Armstrong’s wife and son-in-law would have been cumulative to the 22 State v. Poe, supra note 14, 284 Neb. at 774-75, 822 N.W.2d at 849, quoting Strickland v. Washington

11
State v. Fernando-Granadosgreen
neb · 2014 · cited in 1 Nebraska opinions naming this issue, 2015–2015
1 sentence

2015See id. -4- (a) Characterization of O’Connell Ruegge first based his request for postconviction relief on an assertion that his appellate counsel had been ineffective for failing to specifically assign and argue that trial counsel was ineffective for failing to object to the State’s characterization of O’Connell as an informant during voir dire, rather than as an accomplice.

11
State v. Oteygreen
neb · 1982 · cited in 1 Nebraska opinions naming this issue, 1984–1984
2 sentences

1984In State v. Otey, 212 Neb. 103 , *874 105-06, 321 N.W.2d 453, 454-55 (1982), we said: “Nebraska employs a two-part test for determining whether an attorney has effectively counseled a criminal defendant.

1984In State v. Otey, 212 Neb. 103 , *874 105-06, 321 N.W.2d 453, 454-55 (1982), we said: “Nebraska employs a two-part test for determining whether an attorney has effectively counseled a criminal defendant.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2023Taking the unaffected findings as a given, and taking due account of the effect of the errors on the remaining findings, a court making the prejudice inquiry must ask if the defendant has met the burden of showing that the decision reached would reasonably likely have been different absent the errors. 466 U.S. at 695-96 .

1997(Emphasis supplied.) 466 U.S. at 695-96 . *942 For the purposes of our analysis, we assume that Boppre could prove that the subject jeans would have fit Wasmer, and would not have fit Boppre or Niemann, and that the jeans were found in the Wasmer/Niemann trailer.

21997–2023
State v. Newman green
neb · 2018
1 sentence

2018Taking the unaffected findings as a given, and taking due account - 783 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports STATE v. NEWMAN Cite as 300 Neb. 770 of the effect of the errors on the remaining findings, a court making the prejudice inquiry must ask if the defendant has met the burden of showing that the deci- sion reached would reasonably likely have been different absent the errors.34 Considering the alleged testimony of these eight potential witnesses in the context of all the evidence adduced at trial, we conclude the alleged testimony would not have altered the evid

12018–2018
Alaska Steamship Co. v. Petterson green
scotus · 1954
1 sentence

2015To do so, the State would have to argue not only that a dis- covery violation actually occurred, but also that exclusion of defense witnesses was an appropriate sanction in light of the compulsory process rights of the defendant to present wit- nesses in his or her own defense.23 The State does not make such arguments. [10] Rather, the State argues that counsel’s performance did not prejudice Armstrong because the testimony of Armstrong’s wife and son-in-law would have been cumulative to the 22 State v. Poe, supra note 14, 284 Neb. at 774-75, 822 N.W.2d at 849, quoting Strickland v. Washington

12015–2015
Taylor v. Illinois green
scotus · 1988
2 sentences

2015To do so, the State would have to argue not only that a dis- covery violation actually occurred, but also that exclusion of defense witnesses was an appropriate sanction in light of the compulsory process rights of the defendant to present wit- nesses in his or her own defense.23 The State does not make such arguments. [10] Rather, the State argues that counsel’s performance did not prejudice Armstrong because the testimony of Armstrong’s wife and son-in-law would have been cumulative to the 22 State v. Poe, supra note 14, 284 Neb. at 774-75, 822 N.W.2d at 849, quoting Strickland v. Washington

2015To do so, the State would have to argue not only that a dis- covery violation actually occurred, but also that exclusion of defense witnesses was an appropriate sanction in light of the compulsory process rights of the defendant to present wit- nesses in his or her own defense.23 The State does not make such arguments. [10] Rather, the State argues that counsel’s performance did not prejudice Armstrong because the testimony of Armstrong’s wife and son-in-law would have been cumulative to the 22 State v. Poe, supra note 14, 284 Neb. at 774-75, 822 N.W.2d at 849, quoting Strickland v. Washington

12015–2015

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 29-3001 (3)

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

MD 8 (1985–2021) NE 7 (1984–2023) TX 7 (1994–2021) FL 6 (1988–2000) IL 6 (1991–2016) WI 6 (1985–2024) AL 5 (1987–2010) OH 5 (1989–2005) TN 5 (1999–2014) ID 4 (2009–2022) AZ 3 (1984–1985) PA 3 (1985–2026) IN 3 (1994–2013) VT 3 (2013–2020) CA 3 (1988–2020) CT 3 (2016–2018) NC 2 (2022–2022) LA 2 (2019–2019) KS 2 (1985–2020)

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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