Effective Assistance of Counsel

Question 1

What must defendant show to prove Ineffective Assistance of Counsel?

Answer 1

The Defendant must pass the Strickland Test:

1. Performance Prong: Defendant must show performance was deficient, falling below a reasonable objective standard.
2. Prejudice Prong: Defendant must show that Counsel’s deficient performance affected the outcome (e.g., cause prejudice to Defendant, meaning there is a reasonable probability that but-for Counsel’s errors, there would have been a different result).

Question 2

What is some basic information about the Performance Prong?

Answer 2

1. Ethical rules guide this inquiry, but are not dispositive.
2. Lawyer can be minimally sufficient for 6A purposes, even if not optimal.
3. Review is deferential to Defendant’s counsel. This means that the Reviewing Court typically considers facts then-apparent to Defendant’s counsel instead of using hindsight.
4. Technically, performance requirements should be the same irrespective of stakes (so the threshold is the same regardless of the stakes, be they 6mo probation or death penalty).
5. “Constitution doesn’t guarantee a perfect lawyer.”

Question 3

What is some basic information about the Prejudice Prong?