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Sample Case · People v. Rivera
State Court · Criminal · Case No. 2023-CR-04421
Post-conviction relief · Ineffective assistance of counsel
ActiveFelonyJurisdiction: California
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- U.S. Constitution
- Federal Statutes
- Federal Rules of Criminal Procedure
- Federal Rules of Evidence
- U.S. Supreme Court Opinions
- California Penal Code
- Habeas Corpus
- Civil Rights (§ 1983)
Try: "Strickland prejudice standard"
Research
Standard for ineffective assistance of counsel
Federal courts apply the two-prong test from Strickland v. Washington: (1) counsel's performance was deficient and (2) the deficient performance prejudiced the defense.
Strickland v. Washington466 U.S. 668 (1984)
Harrington v. Richter562 U.S. 86 (2011)
28 U.S.C.§ 2254(d)
Research
Brady disclosure obligations
The prosecution must disclose evidence favorable to the accused that is material to guilt or punishment. Suppression violates due process regardless of good faith.
Brady v. Maryland373 U.S. 83 (1963)
Giglio v. United States405 U.S. 150 (1972)
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