Ineffective assistance of counsel

Ineffective assistance of counsel

Ineffective assistance of counsel is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case. In order to prevail on such a claim, the plaintiff or appellant must show two things:
# Deficient performance by counsel.
# But for such deficiency, the result of the proceeding would have differed.

Some states limit the use of this appeal to mistakes the counsel made at trial. Fact|date=September 2007

In "Strickland v. Washington" (1984), the Supreme Court of the United States established that failure to inform a defendant of the direct consequences of a sentence qualifies as ineffective assistance of counsel, but failure to inform of collateral consequences of criminal charges does not. All immigration related consequences are considered collateral. [United States v. Sanctlises, 509 F2d 703 (2d Cir. 1975); United States v. Romero-Vilea, 850 F.2d 177, 179 (3d Cir. 1988); Fruchtman v. Keaton, 531 F.2d 946, 949 (9th Cir. 1976). ]

Having the benefit of counsel or assistance of counsel means that the party (defendant) has had a competent attorney representing him or her.

References

ee also

* Contract attorney
* Public defender


Wikimedia Foundation. 2010.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • ineffective assistance of counsel — in·ef·fec·tive assistance of counsel: representation of a criminal defendant that is so flawed as to deprive the defendant of a fair trial claimed ineffective assistance of counsel following his conviction – called also ineffective assistance; ◇… …   Law dictionary

  • assistance of counsel — as·sis·tance of counsel: the help of a lawyer which a defendant in a criminal prosecution is guaranteed by the Sixth Amendment to the U.S. Constitution see also ineffective assistance of counsel; powell v. alabama in the important cases section ◇ …   Law dictionary

  • effective assistance of counsel — The right of a criminal defendant or appellant to have competent legal representation, whether the lawyer was appointed by the court or retained by the defendant. In general, competent legal representation is without errors that would result in… …   Law dictionary

  • effective assistance of counsel — Conscientious, meaningful representation wherein accused is advised of his rights and honest, learned and able counsel is given a reasonable opportunity to perform task assigned to him. State v. Williams, Iowa, 207 N.W.2d 98, 104. Benchmark for… …   Black's law dictionary

  • effective assistance of counsel — Conscientious, meaningful representation wherein accused is advised of his rights and honest, learned and able counsel is given a reasonable opportunity to perform task assigned to him. State v. Williams, Iowa, 207 N.W.2d 98, 104. Benchmark for… …   Black's law dictionary

  • Counsel — A counsel or a counselor gives advice, more particularly in legal matters. U.K. and Ireland The legal system in England uses the term counsel as an approximate synonym for a barrister at law, and may apply it to mean either a single person who… …   Wikipedia

  • Strickland v. Washington — SCOTUSCase Litigants=Strickland v. Washington ArgueDate=January 10 ArgueYear=1984 DecideDate=May 14 DecideYear=1984 FullName=Strickland, Superintendent, Florida State Prison, v. Washington USVol=466 USPage=668 Citation=466 U.S. 668; 104 S. Ct.… …   Wikipedia

  • Wiggins v. Smith — Infobox SCOTUS case Litigants = Wiggins v. Smith ArgueDate = March 24 ArgueYear = 2003 DecideDate = June 26 DecideYear = 2003 FullName = Kevin Wiggins, Petitioner v. Sewall Smith, Warden, et al. USVol = 539 USPage = 510 OralArgument =… …   Wikipedia

  • 2009 term per curiam opinions of the Supreme Court of the United States — The Supreme Court of the United States handed down nineteen per curiam opinions during its 2009 term, which began on October 5, 2009, and concluded October 3, 2010.[1] Because per curiam decisions are issued from the Court as an institution,… …   Wikipedia

  • Collateral consequences of criminal conviction (U.S.) — Criminal law Part o …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”