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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.
The basis for making the motion may be inadequate or ineffective assistance of counsel, legal malpractice, or because there is a conflict between attorney and client that substantially interferes with the attorney representing the client. The defendant must establish either that the representation has been inadequate, or that a conflict makes ...
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 ...
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.
Rompilla v. Beard, 545 U.S. 374 (2005), is a case decided by the Supreme Court of the United States on June 20, 2005. In a majority opinion authored by Justice David Souter, the Court held 5–4 that the petitioner, convicted murderer Ronald Rompilla, had received ineffective assistance of counsel due to his lawyer's failure to adequately investigate and obtain evidence that the lawyer knew ...
While a perfectly informed government might make an effort to reach the social equilibrium via quality, quantity, price or market structure regulation, it is difficult for the government to obtain necessary information (such as production costs) to make right decisions.
In a recent interview, he called conventional 12-step treatments by themselves “inadequate care.” Eliza Clontz has run abstinence-based treatment programs for opiate addiction in Kentucky and worked as a counselor in the state’s private and public sectors.
Process risk is a loss in revenue as a result of ineffective and/or inefficient processes. Ineffective processes hamper the achievement of the organization's objectives, whereas the processes that are inefficient, may be successful in achieving objectives, yet fail to consider high costs incurred.