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Disaggregating Ineffective Assistance Of Counsel Doctrine: Four Forms Of Constitutional Ineffectiveness, Eve Brensike Primus
Disaggregating Ineffective Assistance Of Counsel Doctrine: Four Forms Of Constitutional Ineffectiveness, Eve Brensike Primus
Articles
For years, experts have blamed Strickland v. Washington’s lax standard for assessing trial attorney effectiveness for many of the criminal justice system’s problems. But the conventional understanding of Strickland as a problem for ineffectiveness claims gives the decision too much prominence because it treats Strickland as the test for all such claims. That is a mistake. Properly understood, the Supreme Court has recognized four different constitutional forms of trial attorney ineffectiveness, and Strickland’s two pronged test applies to only one of the four. If litigants and courts would notice this complexity and relegate Strickland to its proper place, it would …
Nevada V. Inzunza, 135 Nev. Adv. Op. 69 (Dec. 26, 2019), Christopher Gonzalez
Nevada V. Inzunza, 135 Nev. Adv. Op. 69 (Dec. 26, 2019), Christopher Gonzalez
Nevada Supreme Court Summaries
The Court affirmed a pretrial motion to dismiss of an indictment after it determined that the State failed to rebut the presumption of prejudice after an analysis under the Barker-Doggett factors. The Court afforded “the only possible remedy” after it was found that a 26 month delay resulted from the State’s gross negligence and the delay was prejudicial to Inzunza.