The following excerpt is from Purkey v. Maass, 945 F.2d 409 (9th Cir. 1991):
Purkey asserts that his trial counsel was ineffective. To justify an evidentiary hearing Purkey must assert facts which, if true, show that his attorney "made errors that a reasonably competent attorney acting as a diligent and conscientious advocate would not have made, and petitioner must also demonstrate prejudice." Butcher v. Marquez, 758 F.2d 375-76 (9th Cir.1985) (citing Strickland v. Washington, 466 U.S. 668 (1984)).
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.