Is it ineffective assistance of counsel to reopen the suppression hearing once the trial has begun?
MultiRegion, United States of America
The following excerpt is from U.S. v. Heflin, 859 F.2d 155 (9th Cir. 1988):
Second, Heflin contends that the failure of his trial counsel to move to reopen the suppression hearing once the trial had begun constituted ineffective assistance of counsel. To establish ineffective assistance of counsel, one must show that counsel's performance was deficient, by showing that counsel made errors so serious that he or she was not functioning as counsel. Strickland v. Washington, 466 U.S. 668, 687 (1984). One must also show prejudice resulting from this deficiency. Id.
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