strategy defense (South Dakota) · Go Syfert
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strategy defense in South Dakota

6 South Dakota opinions name it 1 courts 1988–2002 0 in the last five years

The cases below were cited by South Dakota 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 (3)

CaseFollowedCited
Aliberti v. Solemgreen
sd · 1988 · cited in 3 South Dakota opinions naming this issue, 1996–2000
2 sentences

2000Nevertheless, we have previously stated: “the defendant must show more than that the trial strategy of the defense counsel backfired or that another attorney would have prepared and tried the case in a different manner.” Loop, 1996 SD 107, ¶ 18 , 554 N.W.2d at 192 (quoting Aliberti v. Solem, 428 N.W.2d 638, 640 (S.D.1988)).

2000A petitioner “must show more than that the trial strategy of the defense counsel backfired or that another attorney would have prepared and tried the case in a different manner.” Aliberti, 428 N.W.2d at 640 .

13
Weddell v. Webergreen
sd · 2000 · cited in 1 South Dakota opinions naming this issue, 2002–2002
2 sentences

2002“The defendant must show more than that the trial strategy of the defense counsel backfired or that another attorney would have prepared and tried the case in a different manner.” Weddell, 2000 SD 3 at ¶32 , 604 N.W.2d at 283 (internal citations omitted).

2002“The defendant must show more than that the trial strategy of the defense counsel backfired or that another attorney would have prepared and tried the case in a different manner.” Weddell, 2000 SD 3 at ¶32 , 604 N.W.2d at 283 (internal citations omitted).

11
Conaty v. Solemgreen
sd · 1988 · cited in 1 South Dakota opinions naming this issue, 1988–1988
1 sentence

1988See also Conaty, supra; Luna, supra. With respect to the performance component of the Strickland test, the defendant must show more than that the trial strategy of the defense counsel backfired or that another attorney would have prepared and tried the case in a different manner.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Knecht v. Weber green
sd · 2002
2 sentences

2002Petitioner must “show more than that the trial strategy of the defense counsel back *97 fired or that another attorney would have prepared and tried the case in a different manner.” Knecht v. Weber, 2002 SD 21, ¶ 21 , 640 N.W.2d 491, 500 . [¶ 9.] The facts demonstrate that defense counsel was both aware of and had attempted to introduce this statement at the first trial.

2002Petitioner must “show more than that the trial strategy of the defense counsel back *97 fired or that another attorney would have prepared and tried the case in a different manner.” Knecht v. Weber, 2002 SD 21, ¶ 21 , 640 N.W.2d 491, 500 . [¶ 9.] The facts demonstrate that defense counsel was both aware of and had attempted to introduce this statement at the first trial.

12002–2002
Loop v. Class green
sd · 1996
2 sentences

2000Nevertheless, we have previously stated: “the defendant must show more than that the trial strategy of the defense counsel backfired or that another attorney would have prepared and tried the case in a different manner.” Loop, 1996 SD 107, ¶ 18 , 554 N.W.2d at 192 (quoting Aliberti v. Solem, 428 N.W.2d 638, 640 (S.D.1988)).

2000Nevertheless, we have previously stated: “the defendant must show more than that the trial strategy of the defense counsel backfired or that another attorney would have prepared and tried the case in a different manner.” Loop, 1996 SD 107, ¶ 18 , 554 N.W.2d at 192 (quoting Aliberti v. Solem, 428 N.W.2d 638, 640 (S.D.1988)).

12000–2000
Fast Horse v. Leapley green
sd · 1994
1 sentence

2000“This Court will not second-guess the strategic decisions of trial attorneys.” Fast Horse, 521 N.W.2d at 106 .

12000–2000
Luna v. Solem green
sd · 1987
1 sentence

1988See also Conaty, supra; Luna, supra. With respect to the performance component of the Strickland test, the defendant must show more than that the trial strategy of the defense counsel backfired or that another attorney would have prepared and tried the case in a different manner.

11988–1988

Where else courts name it

OR 15 (2015–2022) IL 15 (1966–2026) NY 14 (1974–2024) PA 10 (1975–2025) OH 9 (1995–2026) TX 8 (1995–2024) DC 7 (1987–2018) SD 6 (1988–2002) MO 6 (1965–2006) AZ 4 (1975–2024) MI 4 (2012–2019) CA 4 (1972–2023) FL 4 (2000–2009) TN 4 (2012–2024) MS 4 (1983–2001) UT 2 (2012–2022) IA 2 (2016–2022) KY 2 (1935–1976) WI 2 (1967–2021) IN 2 (2013–2015) MA 2 (1984–1994)

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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