This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Ineffective Assistance Of Counsel Civil Case In Mecklenburg
Category:
State:
Multi-State
County:
Mecklenburg
Control #:
US-000277
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
CAPSULE: A defense counsel's failure to make a reasonable effort to investigate documented mitigating evidence such as a prior conviction, which is likely to be disclosed by the prosecution at sentencing, constitutes ineffective assistance of counsel.
Failing to meet a court-imposed deadline is most likely not to qualify as ineffective assistance of counsel because it is a procedural issue that may not directly impact the defense's effectiveness as per Strickland v. Washington and Padilla v. Kentucky.
A successful claim of ineffective assistance requires two things. First, your lawyer must have failed to follow professional standards while representing you. 1 Second, there must be a “reasonable probability” that your lawyer's poor representation negatively affected the outcome of your case.
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).
Claims of ineffective assistance of counsel only apply to criminal matters. Generally speaking, the United States Constitution requires that when you are accused of a crime, you have a legal right to a defense.
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.
Making an ineffective assistance of counsel claim may be appropriate in some circumstances, but this usually requires severe misconduct by the attorney. If a lawyer's ineffective assistance altered the outcome of the case, a judge may toss out the result of the plea bargain and reset the case to the beginning.
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).
File a motion for a new trial: Your attorney will file a motion for a new trial, which will argue that your trial lawyer provided ineffective assistance of counsel. The motion will include evidence to support this claim. Attend a hearing: The court will hold a hearing to consider your motion for a new trial.