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Ineffective assistance of counsel is often raised in habeas challenges because it indirectly encompasses other claims that might have been brought on direct appeal, but were waived. Thus, a defendant making a constitutional claim for the first time on habeas review would argue that it was not made earlier on direct appeal because the lawyer was ...
Therefore, she was rendered ineffective counsel because Titlow lost the benefit of the plea bargain. The Circuit Court remanded the case, ordering that the prosecution reoffer the original plea bargain and that the state court should find some remedy for the violation of her right to ineffectual counsel.
Black's Law Dictionary defines 'void' as "[n]ull; ineffectual; nugatory; having no legal force or binding effect...." [1] In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value.
It remains unlikely after Martinez that ineffective assistance of counsel claims will change the outcome of state post-conviction cases. At least some district courts have continued after Martinez to deny claims that are contradicted by the record, do not allege facts that would entitle a petitioner to relief or fail to show prejudice.
Strickland v. Washington, 466 U.S. 668 (1984), was a landmark Supreme Court case that established the standard for determining when a criminal defendant's Sixth Amendment right to counsel is violated by that counsel's inadequate performance.
Lafler v. Cooper, 566 U.S. 156 (2012), was a United States Supreme Court case in which the Court clarified the Sixth Amendment standard for reversing convictions due to ineffective assistance of counsel during plea bargaining.
Ineffective erythropoiesis is defined by the expansion of early-stage erythroid precursors driven by erythropoietin, accompanied by the apoptosis of late-stage precursors. . This mechanism is principally responsible for the anemia seen in acquired conditions such as certain subtypes of myelodysplastic syndrome (MDS) and inherited disorders such as β-thalassemia, inherited sideroblastic ...
Bell v. Cone, 535 U.S. 685 (2002), was a Supreme Court of the United States case that upheld a death sentence despite the defendant's argument that he should not be sentenced to death because he was suffering from drug-induced psychosis when he committed the crimes. [1]