How have courts reviewed ineffective assistance of counsel claims?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gilman, 869 F.2d 1498 (9th Cir. 1989):

Strickland v. Washington, 466 U.S. 668 (1984), established the standard for reviewing ineffective assistance of counsel claims: the lawyer's performance must fall below some objective standard of reasonableness and there must be a reasonable probability that, but for counsel's performance, the result of the proceeding would have been different. Id. at 686. We cannot agree with Gilman that his lawyer's decision to concede that the government had established the lesser charge of larceny fell below objective standards of reasonableness. Admission to the lesser crime of larceny was a reasonable tactical concession in light of the fact that the bank tellers

Page 1498

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