Discovery on Federal Habeas After Pinholster: An Exercise in Futility? After you have filed your petition in federal court and the government has responded, the record the district court will have (either provided by you or by the State) includes:
One of the major advantages of ineffective assistance of counsel (IAC) claims on habeas corpus is that they are usually the most reliable way to bring new evidence before the court that wasn’t considered when the defendant lost on trial and on direct appeal.
Understanding and Satisfying the Strickland Test for IAC.
The landmark case of Strickland v. Washington, 466 U.S. 668 (1984), establishes that ineffective assistance of counsel (“IAC”) claims require two showings: (1) Deficient Performance (What went wrong?); and (2) Prejudice (So what?).
For non-habeas corpus and post-conviction relief criminal matters, contact our affiliate attorneys at Bay Area Criminal Lawyers, PC.