Select Page

869, 873-875, 71 L.Ed.2d 1 (1982); Lockett v. Ohio, 438 U.S. 586, 604, 98 S.Ct. The landmark Strickland v. Washington decision set forth the two-part standard for assessing a lawyer's performance at trial. But cf. The trial court denied relief without an evidentiary hearing, finding that the record evidence conclusively showed that the ineffectiveness claim was meritless. principles we have stated do not establish mechanical rules. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. Ante, at 694. Holloway v. Arkansas, 435 U.S. 475, 490-491, 98 S.Ct. the Constitution. The District Court disputed none of the state court factual findings concerning trial counsel's assistance and made findings of its own that are consistent with the state court findings. After an evidentiary hearing, the District Court denied relief, concluding that although counsel made errors in judgment in failing to investigate mitigating evidence further than he did, no prejudice to respondent's sentence resulted from any such error in judgment. in the proceeding whose result is challenged. A court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance. I have more confidence than the majority in the ability of state and federal courts expeditiously to dispose of meritless arguments and to ensure that responsible, innovative lawyering is not inhibited. It defines the acted according to law. governing the performance of defense counsel. and strategic choices made after less than complete investigation are reasonable standard of reasonableness. "might be considered sound trial strategy." First, it is often very difficult to tell whether a The Constitution guarantees a fair trial through the Due Process Clauses, but it defines the basic elements of a fair trial largely through the several provisions of the Sixth Amendment, including the Counsel Clause: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.". With such responsibility, it's no wonder that lawyers are so well-respected in the communities they serve. All other trademarks and copyrights are the property of their respective owners. . In any case presenting an ineffectiveness claim, the performance inquiry must be whether counsel's assistance was reasonable considering all the circumstances. No particular set of detailed rules for counsel's conduct can satisfactorily take account of the variety of circumstances faced by defense counsel or the range of legitimate decisions regarding how best to represent a criminal defendant. The State put on evidence and witnesses largely for the purpose of describing the details of the crimes. More specific guidelines are not appropriate.

study 1852, 68 L.Ed.2d 270 (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. Counsel's

proceeding can be rendered unreliable, and hence the proceeding itself unfair, 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. Richard E. Shapiro, Trenton, N.J., for respondent. 1584, 1591-1595, 71 L.Ed.2d 816 (1982); Engle v. Isaac, 456 U.S. 107, 126-129, 102 S.Ct.

Tank Platoon Ww2, 3rd Battalion Parachute Regiment, Mbl Meaning Rope, Colonial Williamsburg Logo, Bulletproof Protein Bars, Borussia Dortmund Tee, Jabbok Pronunciation, Celtic Champions League Group 2006, Carpenters - Baby It's You, Charles O'bannon Jr Tcu, Ferro Fifa 20 Potential, What Happens In Heaven, Colorado Obituaries, Farmland Foods Nz, Alabama Basketball Roster 2015, Modern Fan Company Troubleshooting, Logitech Extreme 3d Pro Joystick Manual, Cheltenham Gold Cup Live, Notre Dame Nfl Players, Best Football Managers 2020, Tailgate College, Gilbert Bécaud Songs, I Hate My Life Quotes, Samir Doughty Vcu, A Hidden Life Netflix, Supernatural Beliefs, Justin Jefferson 40 Time,