6th Circuit Clarifies Test for Ineffective Counsel Claims - Articles

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Posted by: Stacey Shrader Joslin on Mar 25, 2013

The U.S. Court of Appeals for the Sixth Circuit recently clarified the requirements for a successful claim of ineffective assistance of counsel. The decision in the case of Howell v. Hodge found that a claimant must show that the deficient performance resulted in prejudice, and that, but for the counsel’s ineffectiveness, he or she would not have pled guilty and instead would have gone to trial. Writing for Chattanoogan.com, commentator Lee Davis says the test is a “demanding one that requires claimants to prove that the likelihood of a different result is substantial, not just conceivable.”