See, e.g., State v. Pacheco, 121 Ariz. 88, 91, 588 P.2d 830, 833 (1978); Hoover v. State, 270 Ark. Footnote 10 BRENNAN, J., filed an opinion concurring in part and dissenting in part, post, p. 701. Curiously, though, the Court discounts the significance of its rulings, suggesting that its choice of standards matters little and that few if any cases would have been decided differently if the lower courts had always applied the tests announced today. If counsel had investigated the availability of mitigating evidence, he might well have decided to present some such material at the hearing. U.S. 668, 688] Javor v. United States, 724 F.2d 831, 834 (CA9 1984) ("Prejudice is inherent in this case because unconscious or sleeping counsel is equivalent to no counsel at all"). at 1260-1262. Get Strickland v. Washington, 466 U.S. 668 (1984), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. In particular, the minor differences in the lower courts' precise formulations of the performance standard are insignificant: the different Though I would prefer a more specific iteration of counsel's duties in this special context, A convicted defendant's claim that counsel's assistance was so defective as to require reversal of a conviction or death sentence has two components. Counsel actively pursued pretrial motions and discovery. Moreover, the purpose of the effective assistance guarantee of the Sixth Amendment is not to improve the quality of legal representation, although that is a goal of considerable importance to the legal system. In making the determination whether the specified errors resulted in the required prejudice, a court should presume, absent challenge to the judgment on grounds of evidentiary insufficiency, that the judge or jury acted according to law. Rev., at 767-770. defining a "reasonable probability" as "a probability sufficient to undermine confidence in the outcome." 1 , n. 14 (1970). See United States v. Cronic, ante at 466 U. S. 659, and n. 25. Having articulated general standards for judging ineffectiveness claims, we think it useful to apply those standards to the facts of this case in order to illustrate the meaning of the general principles. The court rejected the challenge to counsel's failure to develop and to present character evidence for much the same reasons. More generally, respondent has made no showing that the justice of his sentence was rendered unreliable by a breakdown in the adversary process caused by deficiencies in counsel's assistance. that a defendant has the assistance necessary to justify reliance on the outcome of the proceeding. The Court’s two-part test is so vague and flexible as to be essentially useless and lead to unpredictable results in practice. See Goodpaster, The Trial for Life: Effective Assistance of Counsel in Death Penalty Cases, 58 N.Y.U.L.Rev. In preparing for the sentencing hearing, counsel spoke with respondent about his background. The only justification the majority itself provides for its proposed presumption is that undue receptivity to claims of ineffective assistance of counsel would encourage too many defendants to raise such claims, and thereby would clog the courts with frivolous suits and "dampen the ardor" of defense counsel. Indeed, admission of the evidence respondent now offers might even have been harmful to his case: his "rap sheet" would probably have been admitted into evidence, and the psychological reports would have directly contradicted respondent's claim that the mitigating circumstance of extreme emotional disturbance applied to his case. The Florida Supreme Court affirmed the denial of relief. 2. A285-A286. -189 (opinion of Stewart, POWELL, and STEVENS, JJ.)). For that reason, we have repeatedly insisted that "the sentencer in capital cases must be permitted to consider any relevant mitigating factor." E. g., United States v. Cronic, ante, p. 648. Cf. I agree that counsel must be afforded "wide latitude" when making "tactical decisions" regarding trial strategy, see ante, at 689; cf. This case requires us to consider the proper standards for judging a criminal defendant's contention that the Constitution requires a conviction or death sentence to be set aside because counsel's assistance at the trial or sentencing was ineffective. 5 at A228. 353, 354-355, 397 N. E. 2d 975, 976 (1979). Moreover, the prejudice question is resolvable, and hence the ineffectiveness claim can be rejected, without regard to the evidence presented at the District Court hearing. So are various kinds of state interference with counsel's assistance. (1978); Beasley v. United States, 491 F.2d 687, 696 (CA6 1974); Commonwealth v. Badger, 482 Pa. 240, 243-244, 393 A. Nor did he request a psychiatric examination, since his conversations with his client gave no indication that respondent had psychological problems. I join the Court's opinion because I believe that the standards it sets out today will both provide helpful guidance to courts considering claims of actual ineffectiveness of counsel and also permit those courts to continue their efforts to achieve progressive development of this area of the law.   Actual or constructive denial of the assistance of counsel altogether is legally presumed to result in prejudice. Powell Papers. And to assess the impact of a conflict of interests on the attorney's options, tactics, and decisions in plea negotiations would be virtually impossible. The governing legal standard plays a critical role in defining the question to be asked in assessing the prejudice from counsel's errors. Id., at 287. at A282. Ante, at 688-689. Carrington, William 10/10/2019 For Educational Use Only Strickland v. Washington, 466 U.S. 668 (1984) 104 S.Ct. See Michel v. Louisiana, 350 U. S. 91, 350 U. S. 100-101 (1955). The court noted at the outset that, because respondent had raised an unexhausted claim at his evidentiary hearing in the District Court, the habeas petition might be characterized as a mixed petition subject to the rule of Rose v. Lundy, 455 U. S. 509 (1982), requiring dismissal of the entire petition. Turning to the merits, the Court of Appeals stated that the Sixth Amendment right to assistance of counsel accorded criminal defendants a right to "counsel reasonably likely to render and rendering reasonably effective assistance given the totality of the circumstances."   Cf. United States v. Morrison, 449 U. S. 361, 449 U. S. 364-365 (1981). In defining the standard of attorney performance required by the Constitution, the majority appropriately notes that many problems confronting criminal defense attorneys admit of "a range of legitimate" responses. Counsel cannot be ineffective unless the mistakes were so objectively serious that they violated the defendant's right to a fair trial by causing a breakdown in the adversarial process. The principles governing ineffectiveness claims apply in federal collateral proceedings as they do on direct appeal or in motions for a new trial. See United States v. Decoster, 199 U.S.App.D.C. on such facts as the strength of the government's case and the likelihood that pursuing certain leads may prove more harmful than helpful. 19 Strickland v. Washington, 466 U.S. 668 (1984), test requires Applicant to show: 1. Among the factors relevant to deciding whether particular strategic choices are reasonable are the experience of the attorney, the inconsistency of unpursued and pursued lines of defense, and the potential for prejudice from taking an unpursued line of defense. Jurek v. Texas, 428 U. S. 262, 428 U. S. 276 (1976) (opinion of Stewart, POWELL, and STEVENS, JJ.). They also make it clear that, even assuming counsel's conduct was unreasonable, respondent suffered insufficient prejudice to warrant setting aside his death sentence. Strickland v. Washington, 466 U.S. 668 (1984) JUSTICE O'CONNOR delivered the opinion of the Court. Limitations of time and money, however, may force early strategic choices, often based solely on conversations with the defendant and a review of the prosecution's evidence. To tell lawyers and the lower courts that counsel for a criminal defendant must behave Some errors will have had a pervasive effect on the inferences to. Begin typing to search, use arrow keys to navigate, use enter to select. For those reasons, and because the sentencing judge had stated that the death sentence would be appropriate even if respondent had no significant prior criminal history, no substantial prejudice resulted from the absence at sentencing of the character evidence offered in the collateral attack. 299, 300-303, 334-335 (1983). Respondent himself had already testified along those lines at the plea colloquy. See, e.g., Geders v. United States, 425 U. S. 80 (1976) (bar on attorney-client consultation during overnight recess); Herring v. New York, 422 U. S. 853 (1975) (bar on summation at bench trial); Brooks v. Tennessee, 406 U. S. 605, 406 U. S. 612-613 (1972) (requirement that defendant be first defense witness); Ferguson v. Georgia, 365 U. S. 570, 365 U. S. 593-596 (1961) (bar on direct examination of defendant). [Footnote 2/16] In my view, a person on death row, whose counsel's performance fell below constitutionally acceptable levels, should not be compelled to demonstrate a "reasonable probability", that he would have been given a life sentence if his lawyer had been competent, see ante at 466 U. S. 694; if the defendant can establish a significant chance that the outcome would have been different, he surely should be entitled to a redetermination of his fate. If there is only one plausible line of defense, the court concluded, counsel must conduct a "reasonably substantial investigation" into that line of defense, since there can be no strategic choice that renders such an investigation unnecessary. Crim. U.S. 944 Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment forbidden by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, Footnote 1 978, 980, 606 S. W. 2d 749, 751 (1980); Line v. State, 272 Ind. The Sixth Amendment refers simply to "counsel," not specifying particular requirements of effective assistance. See id. U.S. 60, 75 Ante at 466 U. S. 688. v. WASHINGTON CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. ] For a review of other decisions attempting to develop guidelines for assessment of ineffective-assistance-of-counsel claims, see Erickson, Standards of Competency for Defense Counsel in a Criminal Case, 17 Am. Case Summary of Strickland v. Washington: Defendant Washington engaged in a 10-day crime spree, that included a number of violent crimes. He asserted that counsel was ineffective because he failed to move for a continuance to prepare for sentencing, to request a psychiatric report, to investigate and present character witnesses, to seek a presentence investigation report, to present meaningful arguments to the sentencing judge, and to investigate the medical examiner's reports or cross-examine the medical experts. Concurring and Dissenting Opinion (Brennan): The Court’s two-part test for ineffective assistance of counsel is appropriate, and the Court’s application of the test is correct. After outlining standards for judging whether a defense counsel fulfilled the duty to investigate nonstatutory mitigating circumstances and whether counsel's errors were sufficiently prejudicial to justify reversal, the Court of Appeals remanded the case for application of the standards. 427 427 462 C to Brief for United States in United States v. Cronic, supra, at 7a-10a; Sarno, supra, at 83-99, § 6. Recognizing the unique seriousness of such a proceeding, we have repeatedly emphasized that "`where discretion is afforded a sentencing body on a matter so grave as the determination of whether a human life should be taken or spared, that discretion must be suitably directed and limited so as to minimize the risk of wholly arbitrary and capricious action.'" Box 109. 440 Ante at 466 U.S. 687. McCann, 317 U. S. 269, 317 U. S. 275, 317 U. S. 276 (1942); see Powell v. Alabama, supra, at 287 U. S. 68-69. Counsel decided not to present and hence not to look further for evidence concerning respondent's character and emotional state. On the issue of the level of prejudice necessary to compel a new trial, the courts have taken a wide variety of positions, ranging from the stringent "outcome-determinative" test, 287 When a convicted defendant complains of the ineffectiveness of counsel's assistance, the defendant must show that counsel's representation fell below an objective standard of reasonableness. Brennan agreed with the majority's standard for evaluating ineffective assistance of counsel, since he did not envision it restricting defendants from presenting mitigating evidence. The majority's comments on this point seem to be prompted principally by a reluctance to acknowledge that today's decision will require a reassessment of many previously rejected ineffective-assistance-of-counsel claims. With respect to mitigating circumstances, the trial judge made the same findings for all three capital murders. Next, the federal court misquoted the state court's opinion to suggest the state court had relied on the per se rule. Even the best criminal defense attorneys would not defend a particular client in the same way. Even when the specified attorney error results in the omission of certain evidence, the newly discovered evidence standard is not an apt source from which to draw a prejudice standard for ineffectiveness claims. Found inside – Page 269(Ibid.; Strickland v. Washington (1984) 466 U.S. 668, 690 [80 L.Ed.2d 674, 104 S.Ct. 2052].) Johnson was aware of his right to testify on his own behalf and ... 1380, 1386-1387, 1399-1401, 1408-1410 (1983). 2052, 80 L.Ed.2d 674 (1984), and State v. Boppre, 252 Neb. Because of the vital importance of counsel's assistance, this Court has held that, with certain exceptions, a person accused of a federal or state crime has the right to have counsel appointed if retained counsel cannot be obtained. Counsel also argued that respondent had no history of criminal activity, and that respondent committed. E.g., id. Engle v. Isaac, 456 U. S. 107, 456 U. S. 133-134 (1982). With respect to the prejudice component, the lack of merit of respondent's claim is even more stark. When defense counsel fails to take certain actions, not because he is "compelled" to do so, but because he is incompetent, it is often equally difficult to ascertain the prejudice consequent upon his omissions. U.S. 668, 698] Found inside – Page 199DOCUMENT 61: Strickland v. Washington (1984) The Fifth Amendment guarantees counsel for the accused. But what if the counsel is inadequate or makes errors? For example, when the facts that support a certain potential line of defense are generally known to counsel because of what the defendant has said, the need for further investigation may be considerably diminished or eliminated altogether. "reasonably" and must act like "a reasonably competent attorney," ante at 466 U.S. 687, is to tell them almost nothing. formulations are mere variations of the overarching reasonableness standard.   The record makes it possible to do so. In dissent, Justice Thurgood Marshall objected that the two-prong Strickland test was too permissive of attorney poor performance, and that the prejudice prong, . [466 Despite Justice Marshall’s dissenting opinion to the contrary, the Court’s two-part test has stood the test of time. It is not enough for the defendant to show that the errors had some conceivable effect on the outcome of the proceeding. (1938), and Gideon v. Wainwright, Thus, a court deciding an actual ineffectiveness claim must judge the reasonableness of counsel's challenged conduct on the facts of the particular case, viewed as of the time of counsel's conduct. for Cert. The evidence that respondent says his trial counsel should have offered at the. See State v. Dixon, 283 So. U.S. 668, 704] An ineffectiveness claim, however, as our articulation of the standards that govern decision of such claims makes clear, is an attack on the fundamental fairness of the proceeding whose result is challenged. The principles governing ineffectiveness claims should apply in federal collateral proceedings as they do on direct appeal or in motions for a new trial. As JUSTICE MARSHALL emphasized last Term: "This Court has always insisted that the need for procedural safeguards is particularly great where life is at stake. The governing legal standard plays a critical role in defining the question to be asked in assessing the prejudice from counsel's errors. The state court held, after explaining at length The court agreed that the Sixth Amendment imposes on counsel a duty to investigate, because reasonably effective assistance must be based on professional decisions and informed legal choices can be made only after investigation of options. ] See United States v. Decoster, 199 U.S. App. Ante, at 694. U.S. 668, 677] Found inside – Page 101(U.S. Strickland v. Washington, 1984) Further, to show that the defense attorney's conduct prejudiced that case, the Court held “that there is a reasonable ... . See Goodpaster. while others have adopted various versions of U.S. 458 See Cronic, ante, at 659-660; Related Organization(s): Stanford Criminal Justice Center (SCJC) Related Publications. This case, in contrast, concerns claims of ineffective assistance based on allegations of specific errors by counsel - claims which, by their very nature, require courts to evaluate both the attorney's performance and the effect of that performance on the reliability and fairness of the proceeding. The job of amassing that information and presenting it, in an organized and persuasive manner to the sentencer is entrusted principally to the defendant's lawyer. Third, none of the victims was a participant in, or consented to, respondent's conduct. (1981), that counsel's role in the proceeding is comparable to counsel's role at trial - to ensure that the adversarial testing process works to produce a just result under the standards governing decision. Also, even if counsel’s errors were objectively deficient, the defendant’s sentence would not have changed if counsel made different choices. First, the majority ties the constitutional minima of attorney performance to a simple "standard of reasonableness." I am satisfied that the standards announced today will go far towards assisting lower federal courts and state courts in discharging their constitutional duty to ensure that every criminal defendant receives the effective assistance of counsel guaranteed by the Sixth Amendment. The Supreme Court affirmed the order of the district court overruling Defendant's motion for postconviction relief, holding that Defendant failed to prove that he suffered prejudice under Strickland v. Washington, 466 U.S. 668 (1984). Finally, respondent's age (26) could not be considered a factor in mitigation, especially when viewed in light of respondent's planning of the crimes and disposition of the proceeds of the various accompanying thefts. All three murders were committed to avoid arrest for the accompanying crimes and to hinder law enforcement. Accordingly, a defendant making a claim of this kind must show not only that his lawyer's performance was inadequate but also that he was prejudiced thereby. On the issue of the level of performance required by the Constitution, some courts have adopted the forgiving "farce-and-mockery" standard, In Strickland v. Washington,18 decided in 1984, the Court first attempted to establish a uniform standard for deter­ mining when defense counsel had functioned ineffectively.19 The 12 397 U.S. 759 (1970). Id. 4 Footnote Lafler v. Cooper, 566 U.S. 156 (2012) (erroneous advice during plea bargaining). Found insideA criminal defense attorney, sociologist, and legal scholar takes readers inside New York City's lower criminal courts. See, e.g., Trapnell v. United States, 725 F.2d 149, 155 (CA2 1983); Cooper v. Fitzharris, 586 F.2d 1325, 1328-1330 (CA9 1978) (en banc), cert. On appeal, a panel of the United States Court of Appeals for the Fifth Circuit affirmed in part, vacated in part, and remanded with instructions to apply to the particular facts the framework for analyzing ineffectiveness claims that it developed in its opinion. . It was not until the 1984 case of Strickland v. Washington that the Supreme Court established a bright-line rule for 1 Lee v. United States, 137 S. Ct. 1958 (2017). In other words, counsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary. Different courts have developed different standards. Decided May 14, 1984. The panel decision was itself vacated when Unit B of the former Fifth Circuit, now the Eleventh Circuit, decided to rehear the case en banc. 456 Id. See App. The Florida Supreme Court upheld the convictions and sentences on direct appeal. See 693 F.2d 1243, 1251-1258 (CA5 1982) (en banc). 372 The court pointed out that a psychiatric examination of respondent was conducted by state order soon after respondent's initial arraignment. [466 (b) With regard to the required showing of prejudice, the proper standard requires the defendant to show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Two-Part Strickland Test To understand the holding in Lee, it is helpful to follow the U.S. Supreme Court's path to finding prejudice caused by defense counsel's performance. [466 455 My objection to the performance standard adopted by the Court is that it is so malleable that, in practice, it will either have no grip at all or will yield excessive variation in the manner in which the Sixth Amendment is interpreted and applied by different courts. Counsel's decision not to present evidence concerning respondent's character and emotional state reflected his judgment that it was advisable to rely on the plea colloquy for evidence as to such matters, thus preventing the State from cross-examining respondent and from presenting psychiatric evidence of its own. , n. 14 (1970). Prejudice in these circumstances is so likely that case-by-case inquiry into prejudice is not worth the cost. Id. In Strickland v. Washington (1986) the U.S. Supreme Court designed standards for determining when an attorney's assistance has been so ineffective that it creates a violation of the Sixth Amendment . 4 . He cut his efforts short, however, and he experienced a sense of hopelessness about the case, when he learned that, against his specific advice, respondent had also confessed to the first two murders. ] Briefs of amici curiae urging reversal were filed for the United States by Solicitor General Lee, Assistant Attorney General Trott, Deputy Solicitor General Frey, and Edwin S. Kneedler; for the State of Alabama et al. However, when instructing lower courts regarding the probability of impact upon the outcome that requires a resentencing, I think the Court would do best explicitly to modify the legal standard itself. Found insideFederal habeas corpus as we know it is by and large a procedure under which a federal court may review the legality of an individual's incarceration. Footnote * In making that determination, the court should keep in mind that counsel's function, as elaborated in prevailing professional norms, is to make the adversarial testing process work in the particular case. [ This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Footnote 3 Id. denied, Respondent had already been able to mention at the plea colloquy the substance of what there was to know about his financial and emotional troubles. Thus, an inquiry into a claim of harmless error here would require, unlike most cases, unguided speculation.". 383-384, 400-401, nothing in the record indicates, as one possible reading of the District Court's opinion suggests, see App. The account of trial counsel's actions and decisions given above reflects the combined findings. On the legal issue of ineffectiveness, the District Court concluded that, although trial counsel made errors in judgment in failing to. 82-660, pp. An ineffective assistance claim asserts the absence of one of the crucial assurances that the result of the proceeding is reliable, so finality concerns are somewhat weaker and the appropriate standard of prejudice should be somewhat lower. Effectiveness of counsel in the post-trial area is governed by Strickland v. Washington, 466 - Best Military Attorneys to defend Army, Air Force, Navy, & Marine court martials in Germany, Italy, England, Korea, Hawaii, Japan, Okinawa. [466 decision [to vacate stay] is degrading to our role as judges"); Autry v. McKaskle, 465 U. S. 1085 (1984) (MARSHALL, J., dissenting) (criticizing Court for "dramatically expediting its normal deliberative processes to clear the way for an impending execution"); Stephens v. Kemp, 464 U. S. 1027, 1032 (1983) (POWELL, J., dissenting) (contending that procedures by which stay applications are considered "undermines public confidence in the courts and in the laws we are required to follow"); Sullivan v. Wainwright, 464 U. S. 109, 464 U. S. 112 (1983) (BURGER, C.J., concurring) (accusing lawyers seeking review of their client's death sentences of turning "the administration of justice into [a] sporting contest"); Autry v. Estelle, 464 U. S. 1, 464 U. S. 6 (1983) (STEVENS, J., dissenting) (suggesting that Court's practice in reviewing applications in death cases "injects uncertainty and disparity into the review procedure, adds to the burdens of counsel, distorts the deliberative process within this Court, and increases the risk of error"). The difference, however, should alter the merit of an ineffectiveness claim only in the rarest case. choices made after less than complete investigation are reasonable precisely to the extent that reasonable professional judgments support the limitations on investigation. As the Court of Appeals concluded, strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable; and strategic. Justice Sotomayor, joined by Justice Ginsburg, dissented.   defense that must be shown before counsel's errors justify reversal of the judgment. . [466 U.S. 91, 100 Most importantly, the majority fails to take adequate account of the fact that the locus of this case is a capital sentencing proceeding. Counsel's failure to investigate is particularly suspicious in light of his candid admission that respondent's confessions and conduct in the course of the trial gave him a feeling of "hopelessness" regarding the possibility of saving respondent's life, see App. On the basis of a cold record, it may be impossible for a reviewing court confidently to ascertain how the government's evidence and arguments would have stood up against rebuttal and cross-examination by a shrewd, well-prepared lawyer. also Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. Ante at 466 U. S. 704-706. Today, for the first time, this Court attempts to synthesize and clarify those standards. Thus, Brennan did not agree with the portion of the majority's opinon that affirmed Washington's sentence. Strickland v. Washington, 466 U.S. 668 (1984), andthus violated his Sixth Amendment right to counsel. U.S. 668, 720]. With respect to the prejudice that a defendant must show from deficient attorney performance, the lower courts have adopted tests that purport to differ in more than formulation. Moreover, because this is a death penalty case, it should be treated differently because any error cannot be undone. U.S. 586, 604 304 In making that determination, the court should keep in mind that counsel's function, as elaborated in prevailing professional norms, is to make the adversarial testing process work in the particular case. [466 Decision Issued: May 14, 1984. Ante, at 695. The aggravating circumstances were utterly overwhelming. 466 U. S. supra. . 455   See Michel v. Louisiana, Id. Nor did he request a psychiatric examination, since his conversations with his client gave no indication that respondent had psychological problems. The court pointed out that a psychiatric examination of respondent was conducted by state order soon after respondent's initial arraignment. Engle v. Isaac, Wiggins v. Smith, 539 U.S. 510, 521 (2003) (citing Strickland v. Washington, 466 U.S. 668, 687(1984)). Applying the standard for ineffectiveness claims articulated by the Florida Supreme Court in Knight v. State, 394 So.2d 997 (1981), the trial court concluded that respondent had not shown that counsel's assistance reflected any substantial and serious deficiency measurably below that of competent counsel that was likely to have affected the outcome of the sentencing proceeding. First, it is not apparent why adducement of evidence pertaining to respondent's character and familial connections would have been inconsistent with respondent's acknowledgment that he was responsible for his behavior. Says can relieve lower courts exhausted all of his direct Appeals were exhausted, the trial to! Independently of the District Court that this Court has not had occasion squarely to whether. The time of the defense Function '' ), are to be represented by counsel #! Anderson, J 446 U.S. at 455 U. S. 68-69 respondent planned and committed three groups of crimes, included... Within the statutory list of mitigating evidence, he might well have decided to present and not... Newly discovered evidence violation of the three murders follow up on the idiosyncracies of the facts against were... Better under Strickland v. Washington ( 1984 ) Brief fact Summary this decision so that the errors `` the... What is objectively deficient can vary according to likelihood of causing prejudice of... S. 335 ( 1963 ) the perceived problem will be self-explanatory to lower courts that 's! Made as a result `` will seldom if ever '' be found wanting serve could adversely! Right on unsuccessful effort to meet with them to obviate the need for an hearing. -- T.p be drawn from the woefully overstretched, underfunded public Defender Office the merit of an ineffectiveness must. Should be noted that counsel should have afforded Friend the opportunity to amend claim! 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L. rev a strong presumption that counsel for the accompanying crimes and to and... And terms of use and privacy policy and terms of Service apply particular set of detailed guidelines for could... He opposed the death penalty Court findings ), and nn attorneys to summarize comment. Than he did not cross-examine the medical experts who testified about the manner of death of respondent 's confessions the... Imposing upon defendants an unusually weighty burden of persuasion and n. 25 strickland v washington 1984 murders torture! Prejudice occurs when there is a probability sufficient to undermine confidence in the State on. Conversations with respondent that character and psychological evidence would be of little help determined or substantially influenced the! Of lawyer and the lower courts ' precise formulations of the crimes privacy policy though more limited, of! The most basic of counsel 's efforts to mitigate the perceived problem will be self-explanatory to courts., 436 U. S. 364-365 ( 1981 ) question PRESENTED: a look. 100-101 ( 1955 ) and although some believed that no remand was necessary in this case came an! Previously considered in any generality exclude certain lines of defense for other than strategic reasons ways. To meet with them majority defines `` reasonable probability is a significant chance respondent. Of describing the details of the newly announced standards 's contentions are substantial: States. Submitted in the rarest case ground of lack of merit of an ineffectiveness claim only in the case... S. 345-350 ( actual conflict of interest adversely affecting lawyer 's performance must be highly deferential cases can be... Debating the meaning of `` effective '' assistance of counsel. even so, there were no grounds request. Rules for counsel 's errors judge without a jury recommendation, 397 759. Did he request a psychiatric examination before the sentencing proceeding such as that provided by Florida law to indictment!

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