Case Citator › State v. Grier

State v. Grier

Is it still good law? What later courts have actually done to this case.

Declined by some courts
Court
Supreme Court of Washington
Citation
246 P.3d 1260
Decided
Confirmed treatments
1
Flagged citations read
36 of 36
Treatment dates
2015
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. The Ninth Circuit declined to follow part of State v. Grier's ineffective assistance analysis. All 36 flagged citations have been read.
More on how this was screened

Crace v. Herzog rejected Grier's approach to prejudice when counsel failed to request a lesser included offense instruction. The Washington Supreme Court later clarified in State v. Bertrand (2024) that Grier creates no categorical bar to showing prejudice; courts continue to apply Grier's trial strategy analysis. The confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

36 citations to State v. Grier sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on State v. Grier?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Declined to follow

  • The Ninth Circuit rejected Grier's presumption that a conviction rules out prejudice from counsel's failure to request a lesser included offense instruction.

    Crace v. Herzog · Ninth Circuit · filed

    The Washington Supreme Court’s methodology is a patently unreasonable application of Strickland, and its decision in this case is thus unworthy of deference under AEDPA. Strickland did instruct reviewing courts to presume that trial juries act “according to law,” but the Washington Supreme Court (both in Grier and in this case) has read far more into that instruction than it fairly supports and, as a result, has sanctioned an approach to Strickland that sidesteps the reasonable-probability analysis that Strickland’s prejudice prong explicitly requires.
    Read the full opinion on CourtListener →

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