What is the effect of the Court of Appeal's decision not to consider the seriousness of the charge in assessing counsel's performance?

MultiRegion, United States of America

The following excerpt is from U.S. v. Mouzin, 785 F.2d 682 (9th Cir. 1986):

The Majority's characterization of the circumstances underscores the importance of protecting individual rights without regard to our own predelictions of the individual. Constitutional rights do not, and should not, depend on the seriousness of the government's allegations. If anything, the seriousness of the crime charged justifies the need for greater scrutiny of, not greater deference to, trial court errors. Cf. House v. Balkcom, 725 F.2d 608, 615 (11th Cir.) (seriousness of charge must be considered in assessing counsel's performance), cert. denied, --- U.S. ----, 105 S.Ct. 218, 83 L.Ed.2d 148 (1984).

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