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4min chapter
Strickland v. Washington
5-4
Is Strickland the Standard?
In United States v. Chronic, the Supreme Court said ineffective assistance of counsel is when a lawyer fails to subject the prosecution to any adversarial process at all. Michael O'Mara says that's exactly what happened in Strickland. He says lower courts had no idea how to uniformly apply the Strickland standard and all sorts of bad lawyering in some jurisdictions was being rubber stamped as fine under Strickland while others were getting new trials.
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