1. Performance
To constitute ineffective counsel, a defendant's attorney's performance must have fallen below "an … See more

Ineffective assistance claims are generally preferred on collateral habeas review rather than direct appeal, so that additional fact-finding can be … See more

• Ineffective Assistance Of Counsel Through The Years
• Casey Scott McKay, Constitutional Law-the Plea-Bargaining Process-Mr. Counsel, Please Bargain … See more

Ineffectiveness claims can be brought by defendants who pled guilty to a plea deal and did so following the bad advice of counsel. Such claims … See more

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 … See more