The following excerpt is from Hammons v. Borg, 891 F.2d 295 (9th Cir. 1989):
Hammons' argument that he was denied effective assistance of counsel at both the trial and appellate levels lacks merit. His argument appears to be that trial counsel should not have asked for two juries and his appellate counsel should have raised this issue on appeal, which he failed to do. In order to prevail Hammons must show "first, ... that counsel's performance was deficient.... Second, ... that the deficient performance prejudiced the defense." Strickland v. Washington, 466 U.S. 668, 687 (1984).
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