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Ineffective Assistance of Counsel: What Constitutes Deficient Performance 2022

Product ID: CM3390
Presented By: State Bar of Wisconsin PINNACLE

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?

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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?

Read More ↓

John Blimling is an Assistant Attorney General in the Criminal Appeals Unit at the Wisconsin Department of Justice where he litigates felony appeals and federal habeas matters on behalf of the State of Wisconsin. Before joining DOJ in 2018, he worked in private practice in Madison and Chicago and served as law clerk to Justice David Prosser of the Wisconsin Supreme Court. He lives in Madison with his wife, two cats, and a one-eyed dog.

Lisa Kumfer is an Assistant Attorney General in the Criminal Appeals Unit at the Wisconsin Department of Justice where she represents the State of Wisconsin in felony appeals, federal habeas matters, and appeals of Chapter 980 civil commitment orders. After clerking for the Wisconsin Supreme Court, she joined the criminal appeals unit where she has practiced since 2016. She lives in Madison with her husband and ancient diabetic cat. She likes to spend her free time attending metal concerts, paddle boarding on the Madison lakes, and hiking the state parks.

Katie York is the Appellate Division Director for the Wisconsin State Public Defender (SPD). Katie started with the SPD as an Assistant State Public Defender in the Green Bay trial office where she handled nearly all SPD case types. In 2010, she transferred to the SPD’s Madison Appellate office where she was later promoted to Local Attorney Manager. In 2018, she became the SPD’s Deputy Trial Division Director and in 2019 she returned to the Appellate Division as the SPD’s Appellate Division Director. 

  • Understand the two-part test for ineffective assistance of counsel set forth in Strickland v. Washington
  • Identify common (and not so common) claims of deficient performance by counsel
  • Recognize commonly seen claims that do not constitute deficient performance 
  • Minimize the risk of ineffective assistance of counsel claims 
  • Appellate lawyers
  • Criminal defense lawyers
  • Prosecutors
  • Litigators
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