deficiency prejudiced defense in Tennessee

2026When a petitioner seeks post-conviction relief on the basis of ineffective assistance of counsel, “the petitioner bears the burden of proving both that counsel’s performance was deficient and that the deficiency prejudiced the defense.” Goad v. State, 938 S.W.2d 363, 369 (Tenn. 1996) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984)).

2026When a petitioner seeks post-conviction relief on the basis of ineffective assistance of counsel, “the petitioner bears the burden of proving both that counsel’s performance was deficient and that the deficiency prejudiced the defense.” Goad v. State, 938 S.W.2d 363, 369 (Tenn. 1996) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984)).

2026When a petitioner seeks post-conviction relief on the basis of ineffective assistance of counsel, “the petitioner bears the burden of proving both that counsel’s performance was deficient and that the deficiency prejudiced the defense.” Goad v. State, 938 S.W.2d 363, 369 (Tenn. 1996) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984)).

2026When a petitioner seeks post-conviction relief on the basis of ineffective assistance of counsel, “the petitioner bears the burden of proving both that counsel’s performance was deficient and that the deficiency prejudiced the defense.” Goad v. State, 938 S.W.2d 363, 369 (Tenn. 1996) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984)).

2013To succeed on a claim that his or her legal representation has been constitutionally inadequate, a criminal defendant "must establish both that counsel's performance was deficient and that the deficiency prejudiced the defense." Vaughn v. State, 202 S.W.3d 106, 116 (Tenn. 2006) (citing Strickland v. Washington, 466 U.S. at 688 , and Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975)).

2011To succeed on a claim that his or her legal representation has been constitutionally inadequate, a criminal defendant “must establish both that counsel’s performance was deficient and that the deficiency prejudiced the defense.” Vaughn v. State, 202 S.W.3d 106, 116 (Tenn.2006) (citing Strickland v. Washington, 466 U.S. at 688 , 104 S.Ct. 2052 , and Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn.1975)).

2026Strickland, 466 U.S. at 687 ; see State v. Taylor, 968 S.W.2d 900, 905 (Tenn. Crim.

2026Strickland v. Washington, 466 U.S. 668, 687 (1984); see State v. Taylor, 968 S.W.2d 900, 905 (Tenn. Crim.

2020Finch v. State, 226 S.W.3d 307, 315 (Tenn. 2007).

2015App. 1990) (“When a petitioner contends that trial counsel failed to discover, interview, or present witnesses in support of his defense, these witnesses should be presented by the petitioner at the evidentiary hearing.”). -5- Furthermore, we note that even if the claims were not waived, they would still be meritless as petitioner failed to demonstrate that “his lawyer‟s performance was deficient and that the deficiency prejudiced the defense.” Strickland, 466 U.S. at 687 ; Finch, 226 S.W.3d at 315 (citation omitted).

2018See Burnett v. State, 92 S.W.3d 403, 408 (Tenn. 2002).

2018See Burnett v. State, 92 S.W.3d 403 , 408 -7- (Tenn. 2002).

2013To succeed on a claim that his or her legal representation has been constitutionally inadequate, a criminal defendant "must establish both that counsel's performance was deficient and that the deficiency prejudiced the defense." Vaughn v. State, 202 S.W.3d 106, 116 (Tenn. 2006) (citing Strickland v. Washington, 466 U.S. at 688 , and Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975)).

2011To succeed on a claim that his or her legal representation has been constitutionally inadequate, a criminal defendant “must establish both that counsel’s performance was deficient and that the deficiency prejudiced the defense.” Vaughn v. State, 202 S.W.3d 106, 116 (Tenn.2006) (citing Strickland v. Washington, 466 U.S. at 688 , 104 S.Ct. 2052 , and Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn.1975)).

2018To demonstrate deficiency, a petitioner must show “‘that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment.’” Felts v. State, 354 S.W.3d 266, 276 (Tenn. 2011) (quoting Strickland, 466 U.S. at 687 ).

2018“Failure to establish either deficient performance or prejudice necessarily precludes relief.” Felts v. State, 354 S.W.3d 266, 276 (Tenn. 2011).

2020To establish an ineffective assistance of a counsel claim, the Petitioner “must show that counsel’s performance was deficient and that the deficiency prejudiced the defense.” Wiley v. State, 183 S.W.3d 317, 329 (Tenn. 2006) (citing Strickland v. Washington, 466 U.S. 668, 692 (1984); Goad v. State, 938 S.W.2d 363, 370 (Tenn. 1996)).

2020To establish an ineffective assistance of a counsel claim, the Petitioner “must show that counsel’s performance was deficient and that the deficiency prejudiced the defense.” Wiley v. State, 183 S.W.3d 317, 329 (Tenn. 2006) (citing Strickland v. Washington, 466 U.S. 668, 692 (1984); Goad v. State, 938 S.W.2d 363, 370 (Tenn. 1996)).

2008Goad v. State, 938 S.W.2d 363, 369 (Tenn. 1996) (citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052, 2064 (1984); Overton v. State, 874 S.W.2d 6, 11 (Tenn. 1994); Butler v. State, 789 S.W.2d 898, 899 (Tenn. 1990)).

2008Goad v. State, 938 S.W.2d 363, 369 (Tenn. 1996) (citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052, 2064 (1984); Overton v. State, 874 S.W.2d 6, 11 (Tenn. 1994); Butler v. State, 789 S.W.2d 898, 899 (Tenn. 1990)).

2008Goad v. State, 938 S.W.2d 363, 369 (Tenn. 1996) (citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052, 2064 (1984); Overton v. State, 874 S.W.2d 6, 11 (Tenn. 1994); Butler v. State, 789 S.W.2d 898, 899 (Tenn. 1990)).

2008Goad v. State, 938 S.W.2d 363, 369 (Tenn. 1996) (citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052, 2064 (1984); Overton v. State, 874 S.W.2d 6, 11 (Tenn. 1994); Butler v. State, 789 S.W.2d 898, 899 (Tenn. 1990)).

2003Nichols v. State, 90 S.W.3d 576, 586 (Tenn. 2002) To establish an abridgement of the right to the effective assistance of counsel as guaranteed in the Sixth Amendment to the United States Constitution and Article I, section 9 of the Tennessee Constitution, the claimant must show both that counsel’s performance was deficient and that the deficiency prejudiced the defense.

2003Nichols v. State, 90 S.W.3d 576, 586 (Tenn. 2002) To establish an abridgement of the right to the effective assistance of counsel as guaranteed by the Sixth Amendment to the United States Constitution and Article I, section 9 of the Tennessee Constitution, the claimant must show both that counsel's performance was deficient and that the deficiency prejudiced the defense.

2020This court “need not address both elements if the petitioner fails to demonstrate either one of them.” Kendrick v. State, 454 S.W.3d 450, 457 (Tenn. 2015).

2020This court “need not address both elements if the petitioner fails to demonstrate either one of them.” Kendrick, 454 S.W.3d at 457 .

2010However, a claim of ineffective assistance of counsel is a mixed question of law and fact, see Burns, 6 S.W.3d at 461 , and we review the post-conviction court’s conclusions of law, “such as whether counsel’s performance was deficient or whether that deficiency was prejudicial,” purely de novo, “with no presumption of correctness,” Fields, 40 S.W.3d at 458 . -7- Because Petitioner seeks post-conviction relief on the basis of ineffective assistance of counsel, he “bears the burden of proving both that counsel’s performance was deficient and that the deficiency prejudiced the defense.” Goad v. S

2005Strickland v. Washington, 466 U.S. 668, 687 (1984); State v. Burns, 6 S.W.3d 453, 461 (Tenn. 1999).

2021The presumption of prejudice under Cronic presents “a narrow exception to Strickland’s holding that a defendant who asserts ineffective assistance of counsel must demonstrate not only that his attorney’s performance was deficient, but also that the deficiency prejudiced the defense.” Florida v. Nixon, 543 U.S. 175, 190 (2004).

2019The presumption of prejudice under Cronic presents “a narrow exception to Strickland’s holding that a defendant who asserts ineffective assistance of counsel must demonstrate not only that his attorney’s performance was deficient, but also that the deficiency prejudiced the defense.” Florida v. Nixon, 543 U.S. 175, 190 (2004).

2018To establish prejudice in the context of a guilty plea, a petitioner must show that “there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Lockhart, 474 U.S. at 59 ; see also Walton v. State, 966 S.W.2d 54, 55 (Tenn. Crim.

2018To -4- establish prejudice in the context of a guilty plea, a petitioner must show that “there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Hill, 474 U.S. at 59 ; see also Walton v. State, 966 S.W.2d 54, 55 (Tenn. Crim.

2003Strickland, 466 U.S. at 687 , 104 S.Ct. at 2064 , 80 L.Ed.2d at 693 ; Dean v. State, 59 S.W.3d 663, 667 (Tenn.2001).

2000Strickland, 466 U.S. at 687 , 104 S. Ct. at 2064 ; Dean v. State, 59 S.W.3d 663, 667 (Tenn. 2001).

2015Strickland v. Washington, 466 U.S. at 687 , 104 S. Ct. 2052 ; Pylant v. State, 263 S.W.3d at 868 .

2013Strickland v. Washington, 466 U.S. at 687 , 104 S.Ct. 2052 ; Pylant v. State, 263 S.W.3d at 868 .

2012See Carpenter v. State, 126 S.W.3d 879, 886 (Tenn. 2004).

2011“To succeed on a claim that [this] legal representation has been constitutionally inadequate, a criminal defendant ‘must establish both that counsel’s performance was deficient and that the deficiency prejudiced the defense.’” Calvert, 2011 Tenn. LEXIS 439 , at *21-*22 (quoting Vaughn v. State, 202 S.W.3d 106, 116 (Tenn. 2006)).

2011To meet the “deficient performance” prong of this two-part test, the petitioner must establish that “‘counsel’s representation fell below an objective standard of reasonableness’ and overcame the ‘strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.’” Calvert, 2011 Tenn. LEXIS 439, at *22 (quoting Strickland v. Washington, 466 U.S. 668, 688-89 (1984)).

2007Strickland v. Washington, 466 U.S. 668, 692 , 104 S. Ct. 2052, 2064 (1984); Howell v. State, 185 S.W.3d 319, 326 (Tenn. 2006) (citing Goad v. State, 938 S.W.2d 363, 370 (Tenn. 1996)).

1995Hartman v. State, 896 S.W.2d 94, 104 (Tenn. 1995).

1995Hartman v. State, 896 S.W.2d 94, 104 (Tenn. 1995).