What is the effect of counsel not advising a defendant that he had a right to testify even if counsel recommended against it?
MultiRegion, United States of America
The following excerpt is from U.S. v. Campbell, 300 F.3d 202 (2nd Cir. 2002):
ineffective assistance by not advising him that he had a right to testify even if counsel recommended against it. It is established that "counsel must inform the defendant that the ultimate decision whether to take the stand belongs to the defendant, and counsel must abide by the defendant's decision on this matter." Brown v. Artuz, 124 F.3d 73, 79 (2d Cir.1997), cert. denied, 522 U.S. 1128, 118 S.Ct. 1077, 140 L.Ed.2d 135 (1998).
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