(11) These courts have held that where an attorney attended but completely failed to represent a client at a competency hearing, the defendant was constructively denied the assistance of counsel in violation of the Sixth Amendment. See also Hill v. Lockhart, 474 U.S. 52, 60 (1985). At least two federal appellate courts have recognized in such circumstances that a lawyer simply "being there" is not enough.

(8) This generally means that the defendant must show that there is a reasonable probability that the outcome of the proceeding "would have been different" but for his counsel's deficient performance. . Cronic, involve some kind of “breakdown of the adversarial process,” and include actual or constructive denial of counsel, denial of such basics as the right to effective cross-examination, or failure of counsel to subject the prosecution’s case to meaningful adversarial testing. Massachusetts Arizona There are two components to the test: deficient attorney performance and resulting prejudice to the defense so serious as to bring the outcome of the proceeding into question. . 258 See, e.g., Glover v. United States, 531 U.S. 198 (2001) (6 to 21 month increase in prison term is sufficient "prejudice" under Strickland to raise issue of ineffective counsel). In order to establish prejudice resulting from attorney error, the defendant "must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. and decisions selecting which issues to raise on appeal.62 Providing effective assistance is not limited to a single path.

Indiana
See also Porter v. McCollum, 130 S. Ct. 447 (2009). (4) As the Supreme Court has explained, "[r]equiring that a criminal defendant be competent has a modest aim: It seeks to ensure that he has the capacity to understand the proceedings and to assist counsel." i. Art. (7).

See also Yarborough v. Gentry, 540 U.S. 1 (2003) (deference to attorney’s choice of tactics for closing argument). "244 Of course, the government must not interfere with representation, either through the manner of appointment or through the imposition of restrictions upon appointed or retained counsel that would impede his ability fairly to provide a defense,245 but the Sixth Amendment goes further than that. South Dakota Law Review, Academic journal article there is generally no basis for finding a Sixth Amendment violation unless the accused can show [prejudice],"261 Wong v. Belmontes, 130 S. Ct. 383 (2009) (per curiam); No detailed rules or guidelines for adequate representation are appropriate: “Any such set of rules would interfere with the constitutionally protected independence of counsel and restrict the wide latitude counsel must have in making tactical decisions.”63 If the problem persists, please try again in a little while. a.

III - Judicial

A denial of counsel may be actual or constructive. Jones v. Barnes, 463 U.S. 745 (1983) (appointed counsel may exercise his professional judgment in determining which issues are best raised on appeal). Strategic choices made after thorough investigation of relevant law and facts are "virtually unchallengeable,"* I guess I thought the purpose of the appointment was for [defense counsel] to assist Mr. Raymond in this hearing," and since the purpose of this hearing is to determine whether or not Mr. Raymond is, in fact, competent to proceed as his own attorney, I think that [defense counsel] should be representing him at … Id. E.g., Wiggins v. Smith, 539 U.S. 510, 524 (2003), and Rompilla v. Beard, 545 U.S. 374, 387 (2005). An actual denial of counsel occurs when a defendant has no counsel at all during a critical stage. Nevada (13) This article respectfully suggests that the former view charts the better constitutional course for successfully navigating the analytical whirlpools raised by these sorts of unusual facts. "246 That is, a criminal trial initiated and conducted by government is state action that may be so fundamentally unfair that no conviction obtained thereby may be allowed to stand, irrespective of the possible fact that government did nothing itself to bring about the unfairness. 466 U.S. at 686. 247 446 U.S. at 342-45. An actual denial occurs, for example, when the trial judge proceeds with jury selection without defense counsel being present. Darden v. Wainwright, 477 U.S. 168 (1986) (decision not to introduce mitigating evidence). 70 Strickland and Cronic were decided the same day, and the Court’s opinion in each cited the other. The Cronic presumption of prejudice may be appropriate when counsel’s “overall performance” is brought into question, whereas Strickland is generally the appropriate test for “claims based on specified [counsel] errors.” Cronic, 466 U.S. at 666 n.41.



Washington, US Supreme Court Actual Denial.

Id. constructive denial of counsel at mental competency hearings At least three federal circuit courts have resolved cases in which a criminal defendant has invoked Cronic in contending that he was constructively denied the assistance of counsel at a mental competency hearing because his attorney, though present, for some reason did not participate. Constructive Denial. In the turbulent waters of criminal law, the adjudication of constitutional questions can summon a challenging and even vexing reconciliation of competing interests, principles, and rights. IV - States' Relations there can be "circumstances that are so likely to prejudice the accused that the cost of litigating their effect in a particular case is unjustified. . 246 Cuyler v. Sullivan, 446 U.S. 335, 344 (1980). See also Woodford v. Visciotti, 537 U.S. 19 (2002) (state courts could reasonably have concluded that failure to present mitigating evidence was outweighed by “severe” aggravating factors); Schriro v. Landrigan, 550 U.S. 465 (2007) (federal district court was within its discretion to conclude that attorney’s failure to present mitigating evidence made no difference in sentencing). US Tax Court 244 Powell v. Alabama, 287 U.S. 45, 71-72 (1932); Glasser v. United States, 315 U.S. 60, 70 (1942). On the issue of prejudice to Padilla from ineffective assistance, the Court sent the case back to lower courts for further findings. Art.

as are "reasonable" decisions making investigation unnecessary,252 Nix. "The right to counsel prevents the States from conducting trials at which persons who face incarceration must defend themselves without adequate legal assistance. In Wright v. Van Patten, 128 S. Ct. 743 (2008) (per curiam), the Supreme Court noted that it has never ruled on whether, during a plea hearing at which the defendant pleads guilty, defense counsel’s being linked to the courtroom by speaker phone, rather than being physically present, is likely to result in such poor performance that Cronic should apply.
b. But in Bobby v. Van Hook, the Court held that the Sixth Circuit had erred in assessing an attorney's conduct in the 1980s under 2003 ABA guidelines, and also noted that its holding “should not be regarded as accepting the legitimacy of a less categorical use of the [2003] Guidelines to evaluate post-2003 representation.” 130 S. Ct. 13, 17 n.1 (2009) (per curiam). An actual denial of counsel occurs when a defendant has no counsel at all during a critical stage. . Actual denial.

Oregon 66 E.g., Smith v. Spisak, 130 S. Ct. 676, 685-88 (2010). 243 McMann v. Richardson, 397 U.S. 759, 771 n.14 (1970). At least one federal appellate court, however, has declined to apply Cronic in a similar situation, suggesting instead that the attorney's failure to participate at the hearing was subject to a harmless error analysis under Strickland. See Strickland, 466 U.S. at 692; Cronic, 466 U.S. at 666 n.41.

"259 These situations include actual or constructive denial of counsel, denial of such basics as the right to effective cross-examination, or failure of counsel to subject the prosecution's case to meaningful adversarial testing.260 However, "[a]part from circumstances of that magnitude . 'Actual or constructive denial of assistance of counsel altogether is … at 748 (quoting Carey v. Musladin, 549 U.S. 70, 77 (2006), as to which see “Limitations on Habeas Corpus Review of Capital Sentences” under Eighth Amendment). Art.

Vol. ii.

Although the gauge of effective attorney performance is an objective standard of reasonableness, the Court concluded that "[j]udicial scrutiny of counsel's performance must be highly deferential."

2. VI - Prior Debts "243 From the beginning of the cases holding that counsel must be appointed for defendants unable to afford to retain a lawyer, the Court has indicated that appointment must be made in a manner that affords "effective aid in the preparation and trial of the case. But see Wainwright v. Torna, 455 U.S. 586 (1982) (summarily holding that defendant may not raise ineffective assistance claim in context of proceeding in which he had no constitutional right to counsel).

Id. Georgia An actual denial occurs, for example when , the trial judge proceeds with jury selection without defense counsel being present. Pennsylvania 257 Williams v. Taylor, 529 U.S. 362, 391-93 (2000). 248 Holloway v. Arkansas, 435 U.S. 475 (1978) (public defender representing three defendants alerted trial judge to possibility of conflicts of interest; judge should have appointed different counsel or made inquiry into possibility of conflicts); Cuyler v. Sullivan, 446 U.S. 335 (1980) (trial judge had no obligation to inquire into adequacy of multiple representation, with possible conflict of interest, in absence of raising of issue by defendant or counsel); Wood v. Georgia, 450 U.S. 261 (1981) (where counsel retained by defendants' employer had conflict between their interests and employer's, and all the facts were known to trial judge, he should have inquired further); Wheat v. United States, 486 U.S. 153 (1988) (district court correctly denied defendant's waiver of right to conflict-free representation; separate representation order is justified by likelihood of attorney's conflict of interest); Mickens v. Taylor, 122 S. Ct. 1237 (2002) (failure of judge who knew or should have known of an attorney's conflicting interest to inquire as to whether such conflict was prejudicial not grounds for automatic reversal). South Dakota Law Review, "Your Honor, I guess I'm also going to interpose an objection here. Board of Patent Appeals, Preamble


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