Effective Assistance of Counsel

Question 1

What is the Strickland test for ineffective assistance

Answer 1

∆ must show both:
1. performance prong: counsel was below a reasonably objective standard
2. prejudice prong: there is a reasonable probability that but for counsel’s errors, the result would’ve been different

Question 2

how will the court view the Strickland test

Answer 2

via the attorney’s mind at the time it was happening – pretty deferential

Question 3

situations that are automatically presumed to be prejudicial – ∆ doesn’t need to prove prejudice

Answer 3

1. actual or constructive denial of right to counsel
2. state interference with ability of counsel to meet with ∆
3. when one lawyer is repping multiple ∆s and there is a timely objection before conviction
4. no counsel at critical stage
5. defense counsel fails to function as a meaningful adversary to government
6. failure to file notice of appeal if ∆ wants it

Question 4

what happens if a lawyer is repping multiple ∆s and there’s no objection until after conviction

Answer 4

∆ will have to prove
1. actual conflict existed AND
2. the Strickland prejudice (but for)

Question 5

what happens if ∆ relies on bad advice when accepting a plea offer

Answer 5

∆ must show
1. performance prong: performance was below reasonable lawyer
2. prejudice prong: but for counsel’s error, ∆ would’ve rejected the plea deal and gone to trial

Question 6

what happens if ∆ relies on bad advice when rejecting a plea offer

Answer 6

∆ must show
1. performance prong: performance was below reasonable lawyer
2. prejudice prong: had he gotten good advice, there’s a reasonable probability that
- ∆ would’ve accepted the offer
- prosecutor would’ve approved it
- court would’ve approved it