Also known as: ineffective assistance of counsel · Strickland standard · IAC claim
Written by attorneys · grounded in primary & secondary sources — see below
A Sixth Amendment guarantee that a criminal defendant receive representation meeting an objective standard of reasonableness under prevailing professional norms. The guarantee presumes competent performance unless counsel's errors so undermine the adversarial process that the trial cannot be relied upon to have produced a just result. A defendant must also show prejudice through a reasonable probability that the outcome would have differed but for the deficient performance.
Elise Everly was convicted of arson after her lawyer declined to hire an independent fire expert or challenge the state's report. New counsel sought relief claiming the omissions were unreasonable. The court applied the presumption that counsel performed competently and required Everly to prove the errors undermined confidence in the verdict before granting any relief.
Emanuel Escobar told his lawyer he intended to testify falsely about his whereabouts. The lawyer urged him to tell the truth, warned of disclosure to the court, and refused to present the false story. Escobar later claimed the lawyer's stance denied effective assistance, but the court held that loyalty does not extend to assisting perjury.
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Ethan Evans faced charges based on digital records. His lawyer ignored leads about overseas access and advised a guilty plea after one meeting. New counsel later obtained logs showing another intruder. The court examined whether the investigative omission fell below professional norms and whether it affected Evans's decision to plead.
Edith Eberhardt's lawyer learned of bank logs that could support her defense but chose to focus solely on impeaching a coworker instead. The lawyer feared the logs might reveal more shortages and open damaging character evidence. The court assessed whether this deliberate tactical decision overcame the presumption of effective assistance.
Elena Estrada's counsel made no effort to subpoena shipping manifests that could have shown multiple crew members had access to the containers. The lawyer feared cross-examination would highlight Estrada's supervisory role. The court evaluated whether the complete failure to investigate undermined the adversarial testing of the prosecution's case.
Evelyn Ellison's lawyer knew of a database administrator and staff members who could explain duplicate tickets as a software glitch. Counsel called no witnesses and rested after brief cross-examination to avoid highlighting ticket volume. The court considered whether this choice reflected reasonable professional judgment or deprived the defense of meaningful adversarial testing.
The defendant must show that counsel's performance fell below an objective standard of reasonableness under prevailing professional norms. The defendant must also demonstrate prejudice by proving a reasonable probability that the result would have been different but for the errors.
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No. The law presumes effective assistance and requires an affirmative showing of prejudice in most cases. Only narrow categories such as actual denial of counsel at a critical stage allow a presumption of prejudice.
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No. Counsel has no duty to assist a client in committing perjury. The lawyer must first attempt to dissuade the client, consider withdrawal, and may disclose the perjury if necessary under ethical rules.
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Yes. In the plea context the defendant must show that counsel's performance was deficient and that there is a reasonable probability the defendant would have rejected the plea and insisted on trial but for the errors.
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…by coerced confessions,[^maj-16] by the use of perjured testimony known by the prosecution to be such,[^maj-17] or without the effective assistance of counsel,[^maj-18] have also been held to be exertions of state authority in conflict with the fundamental rights protected by the Fourteenth Amendment. But the examples of state judicial action…