Is ineffective assistance of counsel cognizable as a denial of the Sixth Amendment right to counsel?

MultiRegion, United States of America

The following excerpt is from Fuller v. Roe, 182 F.3d 699, 1999 WL 462632 (9th Cir. 1999):

A claim for ineffective assistance of counsel is cognizable as a claim of denial of the Sixth Amendment right to counsel. See Strickland v. Washington, 466 U.S. 668, 686 (1984). The benchmark for judging a claim of ineffectiveness of counsel must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied upon as having produced a just result. See id. First, the defendant must show that counsel's performance was deficient to the point where the errors made were so serious that counsel was not functioning as the counsel guaranteed under the Sixth Amendment. See id. at 687.

Page 704

Other Questions


Does the Court's denial of a defense counsel's closing argument violate the Sixth Amendment right to assistance of counsel? (MultiRegion, United States of America)
Does the conflict of interest between counsel and habeas petitioner constitute a denial of the petitioner's Sixth Amendment right to counsel? (MultiRegion, United States of America)
Does counsel's failure to make a motion to exclude the evidence constitute ineffective assistance of counsel in violation of the Sixth Amendment? (MultiRegion, United States of America)
Is ineffective counsel ineffective assistance under the Sixth Amendment? (MultiRegion, United States of America)
Does a defendant have a right to effective assistance of counsel under the Sixth Amendment? (MultiRegion, United States of America)
Does a defendant's lawyer's representation violate their Sixth Amendment right to effective assistance of counsel? (MultiRegion, United States of America)
Can a defendant be denied effective assistance of counsel in derogation of the sixth amendment if his counsel's performance was so deficient that it prejudiced his defense? (MultiRegion, United States of America)
How to establish ineffective assistance of counsel in violation of the sixth amendment? (MultiRegion, United States of America)
Does a defendant's lawyer's representation violate the Sixth Amendment right to effective assistance of counsel? (MultiRegion, United States of America)
Can a criminal defendant waive his Sixth Amendment right to counsel to invoke his right to self-representation? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.