Strickland v. Washington test in New Jersey

2022A-2211-20 14 To determine whether trial counsel was ineffective, the United States Supreme Court has adopted the two-prong Strickland v. Washington test. 466 U.S. 668 (1984); see also State v. Fritz, 105 N.J. 42, 49-50 (1987) (adopting the Strickland test).

2022The Strickland v. Washington standard requires a defendant show counsel rendered substandard professional assistance that prejudiced the outcome of the proceedings. 466 U.S. 668, 687 (1984); see also State v. Fritz, 105 N.J. 42, 58 (1987) (adopting the Strickland standard).

2024A defendant's right to effective assistance of counsel "extends to the plea-bargaining process." Lafler v. Cooper, 566 U.S. 156, 162 (2012). "'[T]he two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.'" Id. at 162-63 (quoting Hill v. Lockhart, 474 U.S. 52, 58 (1985)).

2021See Hill, 474 U.S. at 60 ("Because petitioner . . . failed to allege the kind of "prejudice" necessary to satisfy the second half of the Strickland v. Washington test, the District Court did not err in declining to hold a hearing on petitioner's ineffective assistance of counsel claim.").

2022A-2211-20 14 To determine whether trial counsel was ineffective, the United States Supreme Court has adopted the two-prong Strickland v. Washington test. 466 U.S. 668 (1984); see also State v. Fritz, 105 N.J. 42, 49-50 (1987) (adopting the Strickland test).

2022The Strickland v. Washington standard requires a defendant show counsel rendered substandard professional assistance that prejudiced the outcome of the proceedings. 466 U.S. 668, 687 (1984); see also State v. Fritz, 105 N.J. 42, 58 (1987) (adopting the Strickland standard).

2024A defendant's right to effective assistance of counsel "extends to the plea-bargaining process." Lafler v. Cooper, 566 U.S. 156, 162 (2012). "'[T]he two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.'" Id. at 162-63 (quoting Hill v. Lockhart, 474 U.S. 52, 58 (1985)).

2024A defendant's right to effective assistance of counsel "extends to the plea-bargaining process." Lafler v. Cooper, 566 U.S. 156, 162 (2012). "'[T]he two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.'" Id. at 162-63 (quoting Hill v. Lockhart, 474 U.S. 52, 58 (1985)).

2022Where a defendant seeks to set aside a guilty plea based on ineffective assistance of counsel, they must show: "(i) A-2296-20 4 counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and (ii) 'there is a reasonable probability that, but for counsel's errors, [the defendant] would not have pled guilty and would have insisted on going to trial." State v. DiFrisco, 137 N.J. 434, 457 (1994) (alteration in original) (citations omitted). "[I]n order to establish a prima facie claim, a petitioner must do more than make bald assertions that [they were] d

2022Where a defendant seeks to set aside a guilty plea based on ineffective assistance of counsel, they must show: "(i) A-2296-20 4 counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and (ii) 'there is a reasonable probability that, but for counsel's errors, [the defendant] would not have pled guilty and would have insisted on going to trial." State v. DiFrisco, 137 N.J. 434, 457 (1994) (alteration in original) (citations omitted). "[I]n order to establish a prima facie claim, a petitioner must do more than make bald assertions that [they were] d

2020The familiar Strickland v. Washington standard requires a defendant asserting ineffective assistance of counsel in a PCR petition to establish two elements: that the representation he or she received was less than competent and that the deficiency prejudiced his or her right to a fair trial. 466 U.S. 668, 687 (1984); State v. Pierre, 223 N.J. 560, 578-79 (2015).

1994To set aside a guilty plea based on those grounds, a defendant must show: (i) counsel’s assistance was not “within the range of competence demanded of attorneys in criminal eases,” Tollett v. Henderson, 411 U.S. 258, 266 , 93 S.Ct. 1602, 1608 , 36 L.Ed.2d 235, 243 (1973); and (ii) “that there is a reasonable probability that, but for counsel’s errors, [the defendant] would not have pleaded guilty and would have insisted on going to trial.” Hill, supra, 474 U.S. at 59 , 106 S.Ct. at 370 , 88 L.Ed.2d at 210 .

1994To set aside a guilty plea based on those grounds, a defendant must show: (i) counsel’s assistance was not “within the range of competence demanded of attorneys in criminal eases,” Tollett v. Henderson, 411 U.S. 258, 266 , 93 S.Ct. 1602, 1608 , 36 L.Ed.2d 235, 243 (1973); and (ii) “that there is a reasonable probability that, but for counsel’s errors, [the defendant] would not have pleaded guilty and would have insisted on going to trial.” Hill, supra, 474 U.S. at 59 , 106 S.Ct. at 370 , 88 L.Ed.2d at 210 .