By: R. Davis

What the “Strickland test” offers is a two-pronged test to be employed by the court to resolve a convicted defendant’s Sixth Amendment Ineffective Assistance of counsel claim. The test originates from the United States Supreme Court case, Strickland v. Washington, 104 S.Ct. 2052 (1984), wherein a defendant claimed his trial counsel was ineffective.

The two prongs in the Strickland test a defendant must prove are: 1) that counsel’s performance fell below an objective standard of reasonableness  and, 2) the deficient performance prejudiced the defendant. To prevail on any Sixth Amendment ineffectiveness claim, a defendant must prove both prongs of the Strickland test.

With respect to the first prong of the test, courts “must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” The Court stressed that “American Bar Association standards and the like” are “only guides” to what reasonableness means, not its definition. Rather, the “proper measure of attorney performance remains simply reasonableness under prevailing professional norms.”

As to the second prong, a defendant must demonstrate some prejudice (or harm) occurred, that being “a reasonable probability that, but for counsel’s deficient performance, the result of the proceeding would have been different.” If a reviewing court finds that the defendant did not suffer prejudice, it need not address whether counsel’s performance was deficient.

When is the Strickland test used?

The Strickland test is used when a convicted defendant raises a claim alleging he or she was denied effective assistance of counsel in violation of the Sixth Amendment of the United States Constitution.

The Strickland test is used to resolve claims that counsel was ineffective: 1) when entering a plea of “guilty,” See: Lafler v. Cooper, 132 S.Ct. 1376 (2012)  during plea agreement stages, See: Hill v. Lockhart, 106 S.Ct. 366 (1985)  during sentencing, See: Darden v. Wainwright, 106 S.Ct. 2464 (1986)  and, during direct appeal proceedings  See: Smith v. Robbins, 120 S.Ct. 746 (2000).

Most, but not all, State courts have adopted the Strickland test when evaluating a defendant’s state court claim alleging ineffective counsel. To determine if your state has adopted the Strickland test, search this site for, “Ineffective assistance of counsel in [Your State’s name here].” Or, click on the Ineffective Assistance tag below this blog post and look for the Ineffective assistance of counsel post specific to your State.

Additionally, and available for free, I created an Ineffective assistance of counsel checklist. The list offers 125 suggestions, with case citations, as to events where counsel has previously been found ineffective. I encourage everyone to review this free listing.

What book will help win “Strickland test” type claims?

The Colossal Book of Criminal Citations, Seventh Edition, by Richard Davis, is the most thorough criminal reference book of legal subjects available. This book contains over 200 legal topics with more than 6,600 U.S. Supreme, Federal Circuit, District and State Court references to enhance nearly every legal argument.

Topics include: Federal Habeas Corpus Relief, Ineffective Assistance of Counsel, Plea Agreements, Prosecutorial Misconduct, Sentencing and more. This book will assist every defendant prepare for trial or seek relief after a conviction. The defendant awaiting trial will discover sample pretrial motions, questions to assist with jury selection and gain a valuable understanding of prosecution trial strategy. The convicted defendant will find sample post-conviction motions, briefs, and contact information to Innocence Project Organizations. This one book will provide more value than several other books combined. Order your copy today: https://barkanresearch.com/buy-now/

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