IAC

Question 1

What are the 2 prongs for IAC?

Answer 1

performance and prejudice

Question 2

What are D’s attorney’s minimum performance duties in a criminal trial (6)?

Answer 2

1. assist D
2. loyalty
3. avoid conflict of interest
4. advocate D’s cause
5. consult w/ D on important decisions and to keep informed of important developments
6. skill and knowledge: a reasonable grasp of necessary laws

Question 3

In what kind of 6th Amend cases is prejudice presumed (automatic reversal on appeal)?

Answer 3

1. actual or constructive denial of the assistance of counsel altogether
2. failure to grant timely and properly made motion to represent one’s self.

Question 4

Performance prong of Strickland

Answer 4

Counsel’s performance fell below “reasonably effective assistance.”

Question 5

Prejudice prong of Strickland

Answer 5

But for counsel’s errors and omissions, it is reasonably probable that the result would have been more favorable to the D.