The following excerpt is from U.S. v. Tucker, 716 F.2d 576 (9th Cir. 1983):
The District of Columbia Circuit allocates the burden of proof between the defense and the prosecution by posing the following questions: (1) "Has the defendant demonstrated a likelihood that counsel's inadequacy prejudiced his defense?" and (2) "... Is the government unable to prove beyond a reasonable doubt that the constitutional deficiencies of counsel's representations were harmless?" United States v. Hinton, 631 F.2d 769, 771 (D.C.Cir.1980).
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