Also known as: effective assistance of counsel · ineffective assistance of counsel · Strickland right · 6th Amendment counsel right
Written by attorneys · grounded in primary & secondary sources — see below
A Sixth Amendment guarantee that a criminal defendant receives representation by counsel whose performance satisfies an objective standard of reasonableness and whose errors do not undermine confidence in the outcome of the proceeding.
Roland Rhodes was convicted after his appointed lawyer failed to call an available alibi witness. On postconviction review the court applied the presumption that counsel rendered adequate assistance and found that the omission did not so undermine the adversarial process that the verdict lost reliability.
Ruby Rivera told her lawyer she intended to testify falsely about her whereabouts. Counsel refused to elicit the testimony and warned that disclosure to the court would follow if she persisted. The court held that the lawyer's actions preserved rather than violated the right to effective assistance.
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Ryan Roberts faced the death penalty. His lawyer presented no evidence of his troubled childhood or mental-health history despite leads that such mitigation existed. The reviewing court found the failure to investigate rendered the sentencing proceeding unreliable.
Rachel Ramirez insisted on proceeding pro se after the court conducted a thorough colloquy confirming her understanding of the charges and penalties. The conviction stood because the waiver was knowing and intelligent and no ineffective-assistance claim arose from the absence of counsel.
Ricardo Rojas was tried for a felony without any lawyer present. The court reversed the conviction because the complete absence of counsel at a critical stage violated the constitutional guarantee of effective assistance.
Riley Rivera pleaded guilty after counsel advised that the plea would avoid a harsher sentence. Later evidence showed the advice rested on a miscalculation of sentencing exposure. The court examined whether the deficient advice created a reasonable probability that Rivera would have insisted on trial.
The defendant must show that counsel's performance fell below an objective standard of reasonableness and that the deficient performance created a reasonable probability of a different outcome.
Yes. Counsel must provide competent advice about plea offers and the consequences of accepting or rejecting them. Failure to communicate a favorable offer or to give accurate sentencing information can constitute deficient performance.
Prejudice is presumed in cases of actual or constructive denial of counsel at a critical stage or when counsel labors under an actual conflict that adversely affects performance.
Strategic decisions made after reasonable investigation are entitled to deference. A court will not find deficient performance when counsel's choice reflects a reasonable professional judgment even if the strategy ultimately fails.
…8, 87 S.Ct., at 827, n. 8; see Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963).[^maj-8] In my view, the right to effective assistance of counsel is entailed by the right to counsel, and abridgment of the former is equivalent to abridgment of the latter.[^maj-9] I would thus hold that a showing that the performance of a defendant's…