LAW 680 Lecture 26: Prof Kordik - Class 26
9 Jun 2020
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6th amend: guarantees criminal right to fair trial; atty must provide effective assistance of counsel. In these cases is acting as the state (b/c seeks new trial); but atty"s reputation is still on trial: gets a new trial; not an acquittal. Judicial review must be highly deferential starting with a strong presumption that counsel"s performance was reasonable: not all errors rise to constitutional violations; must be based on reasonableness, courts must consider: If atty acted incompetently then maybe let get a new trial. Is akin to malpractice claims: convicted must demonstrate to some degree to likelihood that he would have faired more likely at trial. Are some circumstances where court will presume prejudice: conflict of interest where atty represented both sides; or a witness to s crime- etc, structural errs call into question the accurateness and reliability of trial process.
