What is the prejudice analysis in the context of a constructive assistance of counsel claim?

MultiRegion, United States of America

The following excerpt is from Bolin v. Chappell, Case No. 1:99-cv-5279-LJO (E.D. Cal. 2012):

ineffective assistance of counsel claims, the prejudice analysis is a component of the claim and is described below. See Part V., infra. Where the constitutional claim is not comprised of a specific prejudice element, prejudice must be established under Brecht v. Abrahamson, 507 U.S. 619 (1993). Specifically, the prejudicial impact of any constitutional error must have had "a substantial and injurious effect or influence in determining the jury's verdict." Id. at 623.

Other Questions


What is the state of the law in relation to the strategic decisions of counsel in the context of a claim of ineffective assistance on habeas review? (MultiRegion, United States of America)
What is the test for ineffective assistance of counsel in the context of a fourth amendment claim? (MultiRegion, United States of America)
What is the test for appellate counsel to fail to raise a meritless claim of ineffective assistance of counsel? (MultiRegion, United States of America)
Is a defendant entitled to an ineffective assistance of counsel claim? (MultiRegion, United States of America)
Is ineffective assistance an ineffective assistance claim? (MultiRegion, United States of America)
Is a defendant entitled to an ineffective assistance of counsel claim? (MultiRegion, United States of America)
What is the test for review of an ineffective assistance of counsel claim? (MultiRegion, United States of America)
Does a claim that Orozco received ineffective assistance of counsel because his stand-in attorney had a conflict of interest? (MultiRegion, United States of America)
How have the courts responded to a defense counsel's claim of prejudice in a civil case? (MultiRegion, United States of America)
How have courts reviewed ineffective assistance of counsel claims? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.