Can a plaintiff prevail on a claim that trial counsel was ineffective for failing to request the jury instruction at issue?

Relatedly, because, even assuming error, the error was harmless, petitioner cannot prevail on a claim that trial counsel was ineffective for failing to request the jury instruction at issue. For a petitioner to prevail on an ineffective assistance of counsel claim, he must show: (1) that counsel's performance was deficient, and (2) that he was prejudiced by the deficient performance. Strickland v. Washington, 466 U.S. 668, 687 (1984). A court evaluating an ineffective assistance of counsel claim does not need to address both components of the test if the petitioner cannot sufficiently prove one of them. Id. at 697. For the same reasons petitioner cannot establish prejudice as to the trial court's asserted failure, he cannot establish a reasonable probability that but for trial counsel's asserted error, the result of the proceeding would have been different. Id. at 687.