risk of attorney error (Nevada) · Go Syfert
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risk of attorney error in Nevada

6 Nevada opinions name it 2 courts 1997–2020 0 in the last five years

The cases below were cited by Nevada 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
Crump v. Wardengreen
nev · 1997 · cited in 5 Nevada opinions naming this issue, 2017–2020
2 sentences

2020And attorney error that does not rise the level of ineffective assistance of counsel is not an impediment external to the defense because the attorney is acting as the agent of the petitioner and the petitioner bears the risk of attorney error.4 See Crump v. Warden, 113 Nev. 293, 304 , 934 P.2d 247, 253 (1997).

2020And attorney error that does not rise the level of ineffective assistance of counsel is not an impediment external to the defense because the attorney is acting as the agent of the petitioner and the petitioner bears the risk of attorney error.4 See Crump v. Warden, 113 Nev. 293, 304 , 934 P.2d 247, 253 (1997).

55
Coleman v. Thompsongreen
scotus · 1991 · cited in 5 Nevada opinions naming this issue, 1997–2017
2 sentences

2017Generally, "mere attorney error, not rising to the level of ineffective assistance of counsel, such as attorney ignorance or inadvertence," will not constitute cause to overcome a procedural bar "because the attorney is the petitioner's agent when acting, or failing to act, in furtherance of the litigation, and the petitioner must 'bear the risk of attorney error." Crump v. Warden, 113 Nev. 293, 304 , 934 P.2d 247, 253 (1997) (quoting Coleman v. Thompson, 501 U.S. 722, 753 (1991)).

2017Generally, "mere attorney error, not rising to the level of ineffective assistance of counsel, such as attorney ignorance or inadvertence," will not constitute cause to overcome a procedural bar "because the attorney is the petitioner's agent when acting, or failing to act, in furtherance of the litigation, and the petitioner must 'bear the risk of attorney error." Crump v. Warden, 113 Nev. 293, 304 , 934 P.2d 247, 253 (1997) (quoting Coleman v. Thompson, 501 U.S. 722, 753 (1991)).

45
Maples v. Thomasgreen
scotus · 2012 · cited in 4 Nevada opinions naming this issue, 2017–2017
2 sentences

2017But there is an "essential difference between a claim of attorney error, however egregious, and a claim that an attorney had essentially abandoned his client." Maples v. Thomas, 565 U.S. 266, 282 (2012).

2017But there is an "essential difference between a claim of attorney error, however egregious, and a claim that an attorney had essentially abandoned his client." Maples v. Thomas, 565 U.S. 266, 282 (2012).

44
Murray v. Carriergreen
scotus · 1986 · cited in 1 Nevada opinions naming this issue, 1997–1997
1 sentence

1997However, mere attorney error, not rising to the level of ineffective assistance of counsel, such as attorney ignorance or inadvertence, “is not ‘cause’ because the attorney is the petitioner’s agent when acting, or failing to act, in furtherance of the litigation, and the petitioner must ‘bear the risk of attorney error.’ ” Coleman, 501 U.S. at 753 (quoting Murray v. Carrier, 477 U.S. 478, 488 (1986)).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Stewart v. Warden, Nevada State Prison green
nev · 1976
2 sentences

1997In Stewart v. Warden, 92 Nev. 588, 589 , 555 P.2d 218 , 219 (1976), appellant had requested that his attorney raise certain claims of error for his direct appeal.

1997In Stewart v. Warden, 92 Nev. 588, 589 , 555 P.2d 218 , 219 (1976), appellant had requested that his attorney raise certain claims of error for his direct appeal.

11997–1997

Statutes the citing opinions construe

NV § Nev. Rev. Stat. § 34.726 (5) NV § Nev. Rev. Stat. § 34.810 (5) NV § Nev. Rev. Stat. § 34.800 (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

NV 6 (1997–2020) MO 4 (1990–2008) CO 3 (1992–2007) WA 2 (1998–1998) MI 2 (1995–2001) GA 2 (2010–2011) TX 2 (2014–2014)

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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