Cited by
Opinions in Arizona that cite State v. Febles, 115 P.3d 629.
- State v. Hardy Ariz. Ct. App. Div. 1 2026
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State v. Hardy
Ariz. Ct. App. Div. 1 2026
¶16 “A colorable claim of ineffective assistance of appellate counsel is a claim which, if true, might have changed the outcome.” ¶ 18 (App. 2005).
- State v. Quintero Ariz. Ct. App. Div. 1 2024
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State v. Quintero
Ariz. Ct. App. Div. 1 2024
Strickland v. Washington, 466 U.S. 668, 687 (1984); –96, ¶ 18 (App. 2005).
- State v. Qureshi Ariz. Ct. App. Div. 1 2023
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State v. Qureshi
Ariz. Ct. App. Div. 1 2023
The “strategic decision to ‘winnow out weaker arguments on appeal and focus on’ those more likely to prevail is an acceptable exercise of professional judgment.” ¶ 20 (App. 2005) (quoting Jones v. Barnes, 463 U.S. 745, 751-52 (1983)) (cleaned up).
- State v. Evans 506 P.3d 819 Ariz. Ct. App. Div. 1 2022
- State v. Evans 506 P.3d 819 Ariz. Ct. App. Div. 1 2022
- State v. Torres Ariz. Ct. App. Div. 1 2020
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State v. Torres
Ariz. Ct. App. Div. 1 2020
¶7 The State is correct, as a general matter, that “[f]ailure to predict future changes in the law is not ineffective assistance because clairvoyance is not a required attribute of effective representation.” ¶ 24 (App. 2005) (internal quotation marks and citation omitted).
- State v. Jones Ariz. Ct. App. Div. 1 2020
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State v. Jones
Ariz. Ct. App. Div. 1 2020
(claims regarding the voluntariness of a plea are meritless if the record shows the superior court questioned the defendant in accordance with Boykin v. Alabama, 395 U.S. 238 (1969)); ¶ 18 (App. 2005) (to raise a colorable claim, defendant must establish counsel’s performance was objectively unreasonable based on applicable professional standards, and counsel’s performance prejudiced defendant); see also Ariz. R. Crim.
- State v. Shaw Ariz. Ct. App. Div. 1 2020
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State v. Shaw
Ariz. Ct. App. Div. 1 2020
(to raise colorable claim and avoid summary dismissal of petition, defendant must establish counsel’s performance was objectively unreasonable based on applicable professional standards, and counsel’s performance prejudiced defendant); Ariz. R. Crim.
- State v. MacIas 469 P.3d 472 Ariz. Ct. App. Div. 1 2020
- State v. MacIas 469 P.3d 472 Ariz. Ct. App. Div. 1 2020
- State v. Hill Ariz. Ct. App. Div. 1 2019
- State v. Hill Ariz. Ct. App. Div. 1 2019
- State v. Larsgard Ariz. Ct. App. Div. 1 2019
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State v. Larsgard
Ariz. Ct. App. Div. 1 2019
Similarly, appellate counsel’s “strategic decision to ‘winnow out weaker arguments on appeal and focus on’ those more likely to prevail is an acceptable exercise of professional judgment.” ¶ 20 (App. 2005) (quoting Jones v. Barnes, 463 U.S. 745, 746 (1983)).
- State v. Jacott Ariz. Ct. App. Div. 1 2019
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State v. Jacott
Ariz. Ct. App. Div. 1 2019
¶10 “To state a colorable claim of ineffective assistance of counsel, a defendant must show that counsel’s performance fell below objectively reasonable standards and the deficient performance prejudiced the defendant.” ¶ 18 (App. 2005) (citing Strickland v. Washington, 466 U.S. 668, 687–88 (1984)).
- State v. Lopata Ariz. Ct. App. Div. 1 2018
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State v. Lopata
Ariz. Ct. App. Div. 1 2018
(quotation omitted); ¶ 18 (App. 2005) ("A colorable claim of ineffective assistance of appellate counsel is a claim which, if true, might have changed the outcome."); ("petitioner must offer evidence of a reasonable probability that but for counsel's unprofessional errors, the outcome
- State v. Smith 422 P.3d 586 Ariz. Ct. App. Div. 2 2018
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State v. Smith
422 P.3d 586
Ariz. Ct. App. Div. 2 2018
¶ 9 There is "[a] strong presumption" that counsel "provided effective assistance," State v. Febles , , ¶ 20, , 636 (App. 2005), which Smith must overcome by providing evidence that counsel's conduct did not comport with prevailing professional norms, see State v. Herrera , , 647, , 1382 (App. 1995).
- State v. Contreras Ariz. Ct. App. Div. 1 2017
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State v. Contreras
Ariz. Ct. App. Div. 1 2017
¶ 18 (App. 2005) (to raise colorable claim and avoid summary dismissal of petition, defendant must establish, inter alia, counsel's performance was objectively unreasonable based on applicable professional standards); ¶ 21 (App. 2000) (to warrant evidentiary hearing, Rule 32
- State v. Hopson Ariz. Ct. App. Div. 1 2017
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State v. Hopson
Ariz. Ct. App. Div. 1 2017
¶ 9 (App. 2005); Rule 32.4(a).
- State v. Andrada-Pastrano Ariz. Ct. App. Div. 1 2017
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State v. Andrada-Pastrano
Ariz. Ct. App. Div. 1 2017
P. 32.4(a); ¶ 9 (App. 2005).
- State v. Noble Ariz. Ct. App. Div. 1 2017
- State v. Noble Ariz. Ct. App. Div. 1 2017
- State v. Lamb Ariz. Ct. App. Div. 1 2017
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State v. Lamb
Ariz. Ct. App. Div. 1 2017
¶19 (App. 2005) (citation and quotations omitted).
- State v. Al-Zaidy Ariz. Ct. App. Div. 1 2017
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State v. Al-Zaidy
Ariz. Ct. App. Div. 1 2017
¶ 1 (App. 2005) (Blakely does not apply retroactively to cases on collateral review).
- State v. Andrews Ariz. Ct. App. Div. 1 2016
- State v. Andrews Ariz. Ct. App. Div. 1 2016
- State of Arizona v. Phillip Gregory Speers 361 P.3d 952 Ariz. Ct. App. Div. 2 2015
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State of Arizona v. Phillip Gregory Speers
361 P.3d 952
Ariz. Ct. App. Div. 2 2015
To prevail on such a claim, a defendant must overcome the “strong presumption” that counsel performed “within the wide range of reasonable professional assistance” by demonstrating that counsel’s conduct fell below “prevailing professional norms.” Strickland, 466 U.S. at 687-89
- In Re John C. Ariz. Ct. App. Div. 1 2015
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In Re John C.
Ariz. Ct. App. Div. 1 2015
¶ 18 (App. 2005) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984)).
- State v. Piedra Ariz. Ct. App. Div. 1 2015
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State v. Piedra
Ariz. Ct. App. Div. 1 2015
And there is a strong presumption that counsel provided effective assistance, ¶ 20, which the defendant must overcome by providing evidence that counsel’s conduct did not comport with professional norms.
- State v. Miller Ariz. Ct. App. Div. 1 2014
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State v. Miller
Ariz. Ct. App. Div. 1 2014
Absent any evidence that the failure to raise an issue fell below prevailing professional norms and would have changed the outcome of the appeal, the claim is not colorable.” ¶ 19, (internal citation omitted).
- State v. Karban Ariz. Ct. App. Div. 1 2014
- State v. Karban Ariz. Ct. App. Div. 1 2014