What evidence supports the contention that counsel was ineffective at trial in a Rule 11 hearing?

MultiRegion, United States of America

The following excerpt is from Murdaugh v. Ryan, 2:09-CV-00831-FJM, No. 10-99020 (9th Cir. 2013):

First, the record does not support Murdaugh's contention that counsel was deficient. Murdaugh argues counsel was ineffective because (1) counsel failed to provide "background information" to the evaluating doctors in preparation for the Rule 11 evaluation; (2) he had "excessively limited access" to his counsel; (3) trial counsel failed to explain the advantages, disadvantages, and potential consequences of the plea agreement and instead sent the fact investigator to discuss the terms of the plea with Murdaugh; and (4) counsel promised Murdaugh an x-ray to prove there was no tracking chip in Murdaugh's head in order to convince Murdaugh to plead guilty. The record does not show, however, that any deficiencies in counsel's performance were "so serious that counsel was not functioning as the 'counsel' guaranteed the

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defendant by the Sixth Amendment." Strickland v. Washington, 466 U.S. 668, 687 (1984).

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