What is the test for ineffective assistance of appellate counsel?
MultiRegion, United States of America
The following excerpt is from Smith v. Kernan, 139 F.3d 908 (9th Cir. 1998):
Claims of ineffective assistance of appellate counsel are reviewed according to the standard set forth in Strickland. Miller v. Keeney, 882 F.2d 1428, 1433 (9th Cir.1989). The defendant must show that counsel's performance fell below an objective standard of reasonableness and "that there is a reasonable probability that, but for counsel's unprofessional errors, [defendant] would have prevailed on appeal." Id. at 1434.
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