The following excerpt is from U.S. v. Tucker, 716 F.2d 576 (9th Cir. 1983):
Once this showing is made, a new trial is warranted unless the court is able to declare a belief that counsel's omission was harmless beyond a reasonable doubt. McQueen v. Swenson, 498 F.2d 207, 220 (8th Cir.1974).
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