Gideon’s promise

In Gideon v. Wainwright,  the United States Supreme Court held that everyone charged with a felony has the right to counsel under the Sixth Amendment, regardless of their ability to pay. Over the next several decades, the Court extended the right to misdemeanors, juvenile proceedings, and other criminal cases. Later, the Court ruled that the right to counsel implies a right to effective assistance of counsel. But what does “effective” really mean?

In Strickland v. Washington, the Court articulated a two-pronged test for determining whether a lawyer’s performance is constitutionally deficient.  Do you know what specific actions (or inactions) amount to ineffective assistance under Strickland? Find out at Ineffective Assistance of Counsel: What Constitutes Deficient Performance?

Presenters John Blimling and Lisa Kumfer of the Wisconsin Department of Justice and Katie York of the Wisconsin State Public Defender's Office will walk you through various scenarios that may be raised in claims of deficient performance, including:

• Neglecting to investigate a claim or witness
• Inadequate cross-examination
• Failure to file a motion for post-conviction relief
• Accidentally introducing unfavorable evidence
• A lack of communication with the client

You’ll also explore situations commonly raised in ineffective assistance of counsel claims that do not constitute deficient performance.

Be confident representing clients in criminal cases and gain a better understanding of what rises to the level of insufficient performance with help from Ineffective Assistance of Counsel: What Constitutes Deficient Performance?

Gideon’s promise

In Gideon v. Wainwright,  the United States Supreme Court held that everyone charged with a felony has the right to counsel under the Sixth Amendment, regardless of their ability to pay. Over the next several decades, the Court extended the right to misdemeanors, juvenile proceedings, and other criminal cases. Later, the Court ruled that the right to counsel implies a right to effective assistance of counsel. But what does “effective” really mean?

In Strickland v. Washington, the Court articulated a two-pronged test for determining whether a lawyer’s performance is constitutionally deficient.  Do you know what specific actions (or inactions) amount to ineffective assistance under Strickland? Find out at Ineffective Assistance of Counsel: What Constitutes Deficient Performance?