COTTO
v.
STATE
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A defendant's post-conviction claim of ineffective assistance of counsel must demonstrate both deficient performance and prejudice to succeed.
[1] To succeed on an ineffective assistance of counsel claim under Strickland v. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A convicted defendant's claim that counsel's assistance was so defective as to require reversal . . . has two components. First, the defendant must show that counsel's performance was deficient . . . Second, the defendant must show that the deficient performance prejudiced the defense.”
Statement of the Strickland v. Washington standard for ineffective assistance of counsel claims
Appellant sought post-conviction relief alleging ineffective assistance of counsel. Following an evidentiary hearing, the trial court denied the motio…
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PER CURIAM.
Following a protracted evidentiary hearing, appellant failed to “demonstrate both deficiency and prejudice,” thus we affirm the trial court’s denial of appellant’s motion for postconviction relief. See Strickland v. Washington, 466
U.S. 668, 687 (1984) (“A convicted defendant’s claim that counsel’s assistance was so defective as to require reversal . . . has two components. First, the defendant must show that counsel’s performance was deficient . . . Second, the defendant must show that the deficient performance prejudiced the defense.”);
Krawczuk v. State, 92 So. 3d 195, 202 (Fla. 2012) (“[T]his Court has held that for ineffective assistance of counsel claims to be successful, the defendant must demonstrate both deficiency and prejudice.”) (citing Bolin v. State, 41 So. 3d 151,
155 (Fla. 2010)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Bolin v. State, 41 So. 3d 151 (Fla. 2010)
- Anton Krawczuk v. State, 92 So. 3d 195 (Fla. 2012)