What is the test for an ineffectiveness defense counsel in a Fourth Amendment case?
MultiRegion, United States of America
The following excerpt is from Lewis v. California, No. 2: 11-cv-1444 KJN P (E.D. Cal. 2012):
Id. "Where defense counsel's failure to litigate a Fourth Amendment claim competently is the principal allegation of ineffectiveness, [petitioner] must also prove that his Fourth Amendment claim is meritorious and that there is a reasonable probability that the verdict would have been different absent the excludable evidence in order to demonstrate actual prejudice." Kimmelman v. Morrison, 477 U.S. 365, 375 (1986).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law where a defense counsel has never worked on a capital case before? (MultiRegion, United States of America)
What is the test for ineffective assistance of counsel in the context of a fourth amendment claim? (MultiRegion, United States of America)
Does the Court's denial of a defense counsel's closing argument violate the Sixth Amendment right to assistance of counsel? (MultiRegion, United States of America)
Can a defendant be denied effective assistance of counsel in derogation of the sixth amendment if his counsel's performance was so deficient that it prejudiced his defense? (MultiRegion, United States of America)
Is there any case law or case law in which a warrant can be amended or amended to allow for more information to be added to the search warrant? (MultiRegion, United States of America)
Is ineffective assistance of counsel cognizable as a denial of the Sixth Amendment right to counsel? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
Is ineffective counsel ineffective assistance under the Sixth Amendment? (MultiRegion, United States of America)
Is there any case involving the Fifth Amendment involving the Fourth Amendment? (MultiRegion, United States of America)
What is the test for qualified immunity for Fourth Amendment violations under the Fourth Amendment? (MultiRegion, United States of America)
