INEFFECTIVE ASSISTANCE OF COUNSEL

Strickland, Superintendent, Florida State Prison, v. Washington
Citations for Prior History
466 U.S. 668 (more)466 U.S. 668; 104 S. Ct. 2052; 80 L. Ed. 2d 674 (1984)
Prior history
Writ of habeas corpus denied by the United States District Court for the Southern District of Florida; reversed by the Eleventh Circuit, 693 F.2d 1243 (11th Cir. 1982); cert. granted, 462 U.S. 1105 (1983)

The United States Supreme court has ruled on the issue of ineffective assistance of counsel in criminal cases involving immigration consequences to the defendant. A frivolous claim of ineffective assistance will not suffice and to obtain relief due to ineffective assistance of counsel, a criminal defendant must show that counsel's performance fell below an objective standard of reasonableness and that counsel's deficient performance gives rise to a reasonable probability that, if counsel had performed adequately, the result of the proceeding would have been different. There is no substitute for good counsel and the inception of the case is the time to hire the very best possible representation.