Van Alstine v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that decision to request a lesser-included offense instruction is essentially one of trial strategy and, while it is important for counsel to consult with defendant on strategy, whether failure to consult constitutes ineffective assistance depends on the facts of the case
• noting that the decision over “what trial motions should be made[ ] and all other strategic and tactical decisions are the exclusive province of the lawyer after consultation with his client”
• noting the importance of consultation between the accused and his lawyer “in such vital matters as the decision whether to pursue an ‘all or nothing’ defense and whether to request the lesser included offenses the trial court may be willing to submit to the jury”
• rejecting the 1980 ABA commentary and noting the decision to request a lesser included offense “is often based on legal complexities only the most sophisticated client could comprehend, not unlike the tactical decisions involved regarding the assertion of technical defenses”
• noting the importance of consultation between the 15 accused and his lawyer “in such vital matters as the decision whether to pursue an ‘all or nothing’ defense and whether to request the lesser included offenses the trial court may be willing to submit to the jury”
• whether to testify in his own behalf is a decision to be made by the accused after full consultation with counsel

Source: CourtListener parenthetical corpus (CC0).

Cited by

76 cases in this archive cite this case; the 20 most cited are listed.

• Arko v. People
  Supreme Court of Colorado· 2008-05-12· cited 668×
• People v. Brocksmith
  Illinois Supreme Court· 1994-10-20· cited 142×
• Chapman v. State
  Supreme Court of Georgia· 2001-01-22· cited 118×
• Moss v. State
  Supreme Court of Georgia· 2002-03-25· cited 80×
• People v. Colville
  New York Court of Appeals· 2012-10-23· cited 75×
• Phillips v. State
  Supreme Court of Georgia· 2009-02-09· cited 71×
• Myers v. State
  Supreme Court of Georgia· 2002-11-12· cited 68×
• Roberts v. State
  Supreme Court of Georgia· 1994-02-21· cited 60×
• Stewart v. State
  Supreme Court of Georgia· 1994-02-14· cited 53×
• Walker v. State
  Supreme Court of Georgia· 2017-06-19· cited 52×
• Hammond v. State
  Supreme Court of Georgia· 1995-01-23· cited 51×
• Hendrix v. State
  Supreme Court of Georgia· 2015-11-02· cited 51×
• Hamilton v. State
  Supreme Court of Georgia· 2001-11-28· cited 49×
• Blackwell v. State
  Supreme Court of Georgia· 2018-01-29· cited 39×
• Commonwealth v. Donlan
  Massachusetts Supreme Judicial Court· 2002-03-14· cited 39×
• Phillips v. State
  Supreme Court of Georgia· 2003-10-06· cited 35×
• People v. Griffith
  Illinois Supreme Court· 1994-04-21· cited 32×
• Mathre v. State
  North Dakota Supreme Court· 2000-12-07· cited 29×
• Head v. Thomason
  Supreme Court of Georgia· 2003-03-24· cited 28×
• Robbins v. State
  Supreme Court of Georgia· 2016-10-31· cited 28×

Cites

8 cases in this archive are cited by this case.

• Solomon v. State
  Supreme Court of Georgia· 1980-11-14· cited 83×
• Reid v. State
  Supreme Court of Georgia· 1975-10-21· cited 62×
• Austin v. Carter
  Supreme Court of Georgia· 1982-01-05· cited 56×
• Bowley v. State
  Supreme Court of Georgia· 1991-05-09· cited 48×
• Ross v. Kemp
  Supreme Court of Georgia· 1990-07-11· cited 32×
• Berryhill v. Ricketts
  Supreme Court of Georgia· 1978-09-28· cited 15×
• Leggett v. State
  Supreme Court of Georgia· 1978-04-18· cited 7×
• Van Alstine v. State
  Supreme Court of Georgia· 1992-01-16· cited 3×

Other cases named Van Alstine v. State

4 other CourtListener records share this case name.

• Van Alstine v. State
  Supreme Court of Georgia· 1992-01-16· cited 3×
• Van Alstine v. State
  Appellate Division of the Supreme Court of New York· 1908-01-15
• Van Alstine v. State
  Indiana Court of Appeals· 2018-11-07
• Van Alstine v. State
  Court of Appeals of Georgia· 2004-07-15