Does a defendant have to bear the risk of attorney error that results in a procedural default?
MultiRegion, United States of America
The following excerpt is from Featherstone v. Estelle, 948 F.2d 1497 (9th Cir. 1989):
[s]o long as a defendant is represented by counsel whose performance is not constitutionally ineffective under the standard established in Strickland v. Washington, we discern no inequity in requiring him to bear the risk of attorney error that results in a procedural default.
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