What is the test for deference under Section 2254(d)(1) of the Civil Code of Civil Procedure when a plaintiff seeks ineffective assistance?
MultiRegion, United States of America
The following excerpt is from Lozano v. Clark, No. 2: 10-cv-0056 KJN P (E.D. Cal. 2011):
466 U.S. at 689. Thus, even when a court is presented with an ineffective-assistance claim not subject to 2254(d)(1) deference, a [petitioner] must overcome the "presumption that, under the circumstances, the challenged action 'might be considered sound trial strategy.'" Ibid. (quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the defense of a plaintiff in a civil case arising under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Under Section 1235 of the Civil Code of Civil Procedure, what is the impact of section 1235 on a plaintiff's ability to access access to the Commissioner's office? (MultiRegion, United States of America)
Does a plaintiff have to comply with Section 1608(e) of the Civil Code of Civil Procedure when proceeding under Section 1610(g)? (MultiRegion, United States of America)
Does Section 167(4) of the New York State Code of Civil Procedure apply to a plaintiff's claim under Section 167 of the Civil Rights Act? (MultiRegion, United States of America)
What is the effect of section 6621 of the Civil Code of Civil Procedure when dealing with civil matters? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Does Section 1915(g) of the Civil Code of Civil Procedure apply to a claim that was previously dismissed under Section 1915? (MultiRegion, United States of America)
Can a plaintiff bring a claim for malicious prosecution under section 1983 of the California Civil Code of Civil Procedure against the Department of Justice for improper search and seizure of personal information? (MultiRegion, United States of America)
What is the test for finding a finding in a motion seeking to apply section 2D1.1(b)(1) of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
