What is the test for determining whether representation is constitutionally ineffective?
MultiRegion, United States of America
The following excerpt is from Guzman v. Madden, Case No.: 17-CV-982-CAB(WVG) (S.D. Cal. 2018):
"Surmounting Strickland's high bar is never an easy task." Padilla v. Kentucky, 559 U.S. 356, 371 (2010). "Representation is constitutionally ineffective only if it 'so undermined the proper functioning of the adversarial process' that the defendant was denied a fair trial." Strickland, 466 U.S. at 687.
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