deficiency prejudiced defense in Mississippi

2017"In order to establish ineffective assistance of counsel, [Lloyd] must satisfy the two-pronged test set forth in Strickland v. Washington , 466 U.S. 668 , 686, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and adopted by the Mississippi Supreme Court in Stringer v. State , 454 So.2d 468 , 476-77 (Miss. 1984)." Goldsmith , 195 So.3d at 215 (¶ 43). "[Lloyd] must demonstrate: (1) counsel's performance was deficient and (2) that the deficiency prejudiced the defense." Id. at 215-16 (¶ 43) (citation omitted).

2005See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064-65 , 80 L.Ed.2d 674, 693-95 (1984) (requiring appellant to prove: (1) that his counsel's performance was deficient; and (2) that this alleged deficiency prejudiced his defense); Stringer v. State, 454 So.2d 468, 476-77 (Miss.1984) (where this Court adopted the standard set forth in Strickland ).

2025To make a successful ineffective-assistance-of-counsel claim, Phillips must make two showings: “(1) his counsel’s performance was deficient, and (2) this deficiency prejudiced his defense.” Ashford, 233 So. 3d at 779 (citing Puckett v. State, 879 So. 2d 920, 935 (Miss. 2004) (citing Strickland v. Washington, 466 U.S. 668, 686 , 104 S. Ct. 2052 , 80 L.

2025To make a successful ineffective-assistance-of-counsel claim, Phillips must make two showings: “(1) his counsel’s performance was deficient, and (2) this deficiency prejudiced his defense.” Ashford, 233 So. 3d at 779 (citing Puckett v. State, 879 So. 2d 920, 935 (Miss. 2004) (citing Strickland v. Washington, 466 U.S. 668, 686 , 104 S. Ct. 2052 , 80 L.

2018Liddell v. State , 7 So.3d 217 , 219 (¶ 6) (Miss. 2009) (quoting Strickland v. Washington , 466 U.S. 668 , 687, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) ).

2017Liddell v. State, 7 So.3d 217, 219 (¶ 6) (Miss. 2009) (quoting Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)).

2000“The burden to demonstrate both prongs is on the defendant who faces a strong presumption that counsel’s performance falls within the broad spectrum of reasonable professional assistance.” Bakes v. State, 665 So.2d 852, 872-73 (Miss.1995).

2000"The burden to demonstrate both prongs is on the defendant who faces a strong presumption that counsel's performance falls within the broad spectrum of reasonable professional assistance." Eakes v. State , 665 So.2d 852 , 872-73 (Miss. 1995). ¶ 4.

2025To make a successful ineffective-assistance-of-counsel claim, Phillips must make two showings: “(1) his counsel’s performance was deficient, and (2) this deficiency prejudiced his defense.” Ashford, 233 So. 3d at 779 (citing Puckett v. State, 879 So. 2d 920, 935 (Miss. 2004) (citing Strickland v. Washington, 466 U.S. 668, 686 , 104 S. Ct. 2052 , 80 L.

2025“To succeed on an ineffective-assistance-of-counsel claim, the defendant must show that (1) his counsel’s performance was deficient, and (2) this deficiency prejudiced his defense.” Ashford v. State, 233 So. 3d 765, 779 (Miss. 2017) (citing Puckett v. State, 879 So. 2d 920, 935 (Miss. 2004)).

2023To prevail on a claim of ineffectiveness of counsel, “[a] defendant must demonstrate that [her] counsel’s performance was [(1)] deficient and [(2)] that the deficiency prejudiced the defense of the case.” Burnside v. State, 882 So. 2d 212, 216 (¶20) (Miss. 2004) (quoting Burns v. State, 813 So. 2d 668, 673 (¶14) (Miss. 2001)).

2023Again, to prevail on a claim of ineffectiveness of counsel, “[a] defendant must demonstrate that his counsel’s performance was [(1)] deficient and [(2)] that the deficiency prejudiced the defense of the case.” Burnside, 882 So. 2d at 216 (¶20) (quoting Burns, 813 So. 2d at 673 (¶14)).

2012“The burden of proof rests on [the defendant] to show both prongs.” Id. (citing McQuarter v. State, 574 So.2d 685, 687 (Miss.1990)).

2012The defendant bears the burden of proof “to show both prongs.” Tucker, 60 So.3d at 223 (¶ 7) (citing McQuatter v. State, 574 So.2d 685, 687 (Miss.1990)). ¶ 24.

2024Under the two-part test in Strickland, “[t]he defendant must demonstrate [(1)] that his counsel’s performance was deficient, and [(2)] that the deficiency prejudiced the defense of the case.” Ransom v. State, 919 So. 2d 887, 889 (¶12) (Miss. 2005).

2024“The defendant must demonstrate [(1)] that his counsel’s performance was deficient, and [(2)] that the deficiency prejudiced the defense of the case.” Id. (quoting Ransom v. State, 919 So. 2d 887, 889 (¶12) (Miss. 2005)).

2022To prevail on an ineffective-assistance-of-counsel claim, Ellis must show “(1) that his counsel’s performance was deficient, and (2) that this alleged deficiency prejudiced his defense.” Thompson v. State, 119 So. 3d 1007, 1009 (¶5) (Miss. 2013) (quoting Goff v. State, 6 14 So. 3d 625, 655 (¶121) (Miss. 2009)). “[A] rebuttable presumption [exists] that trial counsel is competent and his performance was not deficient.” Id.

2022To prevail on an ineffective-assistance-of-counsel claim, Ellis must show “(1) that his counsel’s performance was deficient, and (2) that this alleged deficiency prejudiced his defense.” Thompson v. State, 119 So. 3d 1007, 1009 (¶5) (Miss. 2013) (quoting Goff v. State, 6 14 So. 3d 625, 655 (¶121) (Miss. 2009)). “[A] rebuttable presumption [exists] that trial counsel is competent and his performance was not deficient.” Id.

2025To make a successful ineffective-assistance-of-counsel claim, Phillips must make two showings: “(1) his counsel’s performance was deficient, and (2) this deficiency prejudiced his defense.” Ashford, 233 So. 3d at 779 (citing Puckett v. State, 879 So. 2d 920, 935 (Miss. 2004) (citing Strickland v. Washington, 466 U.S. 668, 686 , 104 S. Ct. 2052 , 80 L.

2025“To succeed on an ineffective-assistance-of-counsel claim, the defendant must show that (1) his counsel’s performance was deficient, and (2) this deficiency prejudiced his defense.” Ashford v. State, 233 So. 3d 765, 779 (Miss. 2017) (citing Puckett v. State, 879 So. 2d 920, 935 (Miss. 2004)).

2023To prevail on a claim of ineffectiveness of counsel, “[a] defendant must demonstrate that [her] counsel’s performance was [(1)] deficient and [(2)] that the deficiency prejudiced the defense of the case.” Burnside v. State, 882 So. 2d 212, 216 (¶20) (Miss. 2004) (quoting Burns v. State, 813 So. 2d 668, 673 (¶14) (Miss. 2001)).

2023Again, to prevail on a claim of ineffectiveness of counsel, “[a] defendant must demonstrate that his counsel’s performance was [(1)] deficient and [(2)] that the deficiency prejudiced the defense of the case.” Burnside, 882 So. 2d at 216 (¶20) (quoting Burns, 813 So. 2d at 673 (¶14)).

2022To prevail on an ineffective-assistance-of-counsel claim, Ellis must show “(1) that his counsel’s performance was deficient, and (2) that this alleged deficiency prejudiced his defense.” Thompson v. State, 119 So. 3d 1007, 1009 (¶5) (Miss. 2013) (quoting Goff v. State, 6 14 So. 3d 625, 655 (¶121) (Miss. 2009)). “[A] rebuttable presumption [exists] that trial counsel is competent and his performance was not deficient.” Id.

2020“In order to prevail on a claim for ineffective assistance of counsel, [Russell] must show: ‘(1) that his counsel’s performance was deficient, and (2) that this alleged deficiency prejudiced his defense.’” Thompson v. State, 119 So. 3d 1007, 1009 (¶5) (Miss. 2013) (quoting Goff v. State, 14 So. 3d 625, 655 (¶121) (Miss. 2009)).

2009Lindsay v. State, 720 So.2d 182, 184 (Miss.1998) (citing Strickland, 466 U.S. at 687 , 104 S.Ct. at 2064-65 , 80 L.Ed.2d at 693-95 ).

2009Lindsay v. State, 720 So.2d 182, 184 (Miss.1998) (citing Strickland, 466 U.S. at 687 , 104 S.Ct. at 2064-65 , 80 L.Ed.2d at 693-95 ).

2025There is a strong presumption that “counsel’s conduct falls within the wide range of reasonable professional assistance, and the challenged act or omission might be considered sound trial strategy.” Id. (quoting Swinney v. State, 241 So. 3d 599, 613 (¶60) 12 (Miss. 2018)).

2020To make a successful ineffective-assistance-of-counsel claim, Willis must show that “(1) his counsel’s performance was deficient, and (2) this deficiency prejudiced his defense.” Id. at (¶31) (quoting Ashford v. State, 233 So. 3d 765, 779 (¶50) (Miss. 2017)).

2025“To establish deficient performance, a defendant must show his attorney’s representation fell below an objective standard of reasonableness.” Ross [v. State], 954 So. 2d [968], 1003 [(Miss. 2007)] (citing Davis v. State, 897 So. 2d 960, 967 (Miss. 2004)).

2024“To establish deficient performance, a defendant must show his attorney’s representation fell below an objective standard of reasonableness.” Ross, 954 So. 2d at 1003 (citing Davis v. State, 897 So. 2d 960, 967 (Miss. 2004)).

2025“To succeed on an ineffective-assistance-of-counsel claim, the defendant must show that (1) his counsel’s performance was deficient, and (2) that this deficiency prejudiced his defense.” Bell v. State, 202 So. 3d 1239, 1242 (¶12) (Miss. 2016) (citing Strickland v. Washington, 466 U.S. 668, 686 (1984)).

2022“To succeed on an ineffective-assistance-of-counsel claim, the defendant must show that (1) his counsel’s performance was deficient, and (2) that this deficiency prejudiced his defense.” Bell v. State, 202 So. 3d 1239, 1242 (¶11) (Miss. 2016) (citing Strickland v. Washington, 466 U.S. 668, 686 (1984)).

2023The second prong has also been stated as requiring a showing “that the deficiency prejudiced the defense of the case.” Harrell v. State, 947 So. 2d 309, 313 (¶10) (Miss. 2007).

2007To prove ineffective assistance of counsel, he "must demonstrate that his counsel's performance was deficient, and that the deficiency prejudiced the defense of the case." Harrell v. State, 947 So.2d 309, 313 (¶ 10) (Miss.2007) (quoting Ransom v. State, 919 So.2d 887, 889 (¶ 12) (Miss.2005)).

2017Braggs v. State, 121 So.3d 269, 272 (¶ 9) (Miss.

2017Braggs v. State, 121 So. 3d 269, 272 (¶9) (Miss.

2016We recognize that in order “[t]o prove ineffective assistance of counsel, [the defendant] must show that: (1) his counsel’s performance was deficient, and (2) this deficiency prejudiced his defense.” Collins v. State, 70 So. 3d 1144, 1147 (¶16) (Miss.

2016We, recognize that in order “[t]o prove ineffective assistance of counsel, [the defendant] must show that: (1) his counsel’s performance was deficient, and (2) this deficiency prejudiced his defense.” Collins v. State, 70 So.3d 1144, 1147 (¶ 16) (Miss.Ct.App.2011); Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2011Irby v. State, 893 So.2d 1042, 1048 (¶ 25) (Miss.2004) (citing Carr v. State, 873 So.2d 991, 1003 (1127) (Miss.2004)).

2004Carr v. State, 873 So.2d 991, 1003 (Miss.2004); Walker v. State, 863 So.2d 1, 12 (Miss.2003) (citing Strickland, 466 U.S. at 687 , 104 S.Ct. at 2064 ).

2007Prejudice to the defense of the case occurs when there is "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Ransom, 919 So.2d at 890 (¶ 12) (quoting Foster v. State, 687 So.2d 1124, 1129-30 (Miss.1996)).

1999The United States Supreme Court established a two-pronged test to determine whether counsel was effective: "The defendant must demonstrate that his counsel's performance was deficient," and "that the deficiency prejudiced the defense of the case." Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 . ¶ 37. "[D]efense counsel is presumed competent." Foster v. State, 687 So.2d 1124, 1130 (Miss.1996).

2003"To establish ineffective assistance of counsel, the client must prove that his counsel's performance was deficient and that the deficiency prejudiced the defense of the case." Sharp v. State, 786 So.2d 372, 374 (¶ 25) (Miss.2001) (citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)).

2001"To establish ineffective assistance of counsel, the client must prove that his counsel's performance was deficient and that the deficiency prejudiced the defense of the case." Sharp v. State, 786 So.2d 372, 382 (Miss.2001).

2015Strickland, 466 U.S. at 687 , 104 S. Ct. at 2064 ; Washington v. State, 620 So. 2d 966 (Miss.1993).

2015Strickland, 466 U.S. at 687 , 104 S.Ct. at 2064 ; Washington v. State, 620 So.2d 966 (Miss.1993).

2024“To determine the second prong . . . , the standard is ‘a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Harrell v. State, 947 So. 2d 309, 313 (¶11) (Miss. 2007) (quoting Mohr v. State, 584 So. 2d 426, 430 (Miss.1991)).

2021The prejudice required by the second prong is “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. (internal quotation marks omitted) (quoting Mohr v. State, 584 So. 2d 426, 430 (Miss. 1991)).

2023The burden of proof rests with the defendant to prove both prongs.” Id. at (¶36) (quoting Renfrow v. State, 202 So. 3d 633, 636 (¶7) (Miss.

2018Renfrow , 202 So.3d at 636 (¶ 7). ¶ 16.

2023Cronic identified three circumstances that are so likely to prejudice the accused that prejudice is presumed: “(1) when counsel is completely denied; (2) when counsel entirely fails to subject the prosecution’s case to meaningful adversarial testing; (3) and when counsel is called upon to render assistance under circumstances where competent counsel very likely could not.” Johnson v. State, 29 So. 3d 738, 748 (Miss. 2009) (citing Cronic, 466 U.S. at 659–60); see also Garza v. Idaho, 139 S. Ct. 738, 744 (2019) (stating that prejudice is presumed “if the accused is denied counsel at a critical s

2018For an ineffective-assistance claim, the context of counsel's actions are carefully reviewed, and "where reasonable under the circumstances, we presume the 'decisions were sound trial strategy.' " Sea v. State , 49 So.3d 614 , 617 (¶ 12) (Miss. 2010) (quoting Johnson v. State , 29 So.3d 738 , 745 (¶ 20) (Miss. 2009) ).

2024“To establish deficient performance, a defendant must show his attorney’s representation fell below an objective standard of reasonableness.” Ross, 954 So. 2d at 1003 (citing Davis v. State, 897 So. 2d 960, 967 (Miss. 2004)).

2007Jones must show "a reasonable probability that, but for counsel's unprofessional errors, the result of the trial would have been different." Ross v. State, 954 So.2d 968, 1004-05 (¶ 78) (Miss.2007) (citing Davis v. State, 897 So.2d 960, 967 (¶ 16) (Miss.2004)).

2023“Cronic recognized 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 , 125 S. Ct. 551 , 160 L.

2023“Cronic recognized 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 , 125 S. Ct. 551 , 160 L.