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Datavs, 71 M.J. 420 (to establish ineffective assistance of counsel, an accused must demonstrate both (1) that his counsel's performance was deficient, and (2) that this deficiency resulted in prejudice).
In order to prevail on a claim of ineffective assistance of counsel, a defendant must show 1) that trial counsel's representation “fell measurably below that which might be expected from an ordinary fallible lawyer” (deficient performance), and 2) that such deficient representation “likely deprived the defendant of an ...
In order to prevail on a claim of ineffective assistance of counsel, a defendant must show 1) that trial counsel's representation “fell measurably below that which might be expected from an ordinary fallible lawyer” (deficient performance), and 2) that such deficient representation “likely deprived the defendant of an ...
Ineffective assistance of counsel refers to a situation in which a criminal defendant's legal representation fails to meet the minimum standards of competence and diligence expected from attorneys.
As the Fifth Amendment states that no person will be compelled in any criminal case to be a witness against himself it protects a person from giving potentially incriminating evidence against themselves even if they are perceived as a victim in a case.