Strickland test in Tennessee

2026Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 ; see Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”).

2026Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 ; see Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”).

2026If the petitioner shows that counsel’s representation fell below a reasonable standard, then the petitioner must satisfy the prejudice prong of the Strickland test by demonstrating “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694 ; see Nichols v. State, 90 S.W.3d 576, 587 (Tenn. 2002).

2026If the petitioner shows that counsel’s representation fell below a reasonable standard, then the petitioner must satisfy the prejudice prong of the Strickland test by demonstrating “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694 ; see Nichols v. State, 90 S.W.3d 576, 587 (Tenn. 2002).

2026As to the first prong of the Strickland analysis, “counsel’s performance is effective if the advice given or the services rendered are within the range of competence demanded of attorneys in criminal cases.” Henley, 960 S.W.2d at 579 (citing Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975)); see also Goad, 938 S.W.2d at 369 .

2026As to the first prong of the Strickland analysis, “counsel’s performance is effective if the advice given or the services rendered are within the range of competence demanded of attorneys in criminal cases.” Henley, 960 S.W.2d at 579 (citing Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975)); see also Goad, 938 S.W.2d at 369 .

2017See Harris v. State, 875 S.W.2d 662, 666 (Tenn. 1994); see also Hill v. Lockhart, 474 U.S. 52, 57 (1985) (applying the two-part Strickland test to claims of ineffective assistance of counsel during plea negotiations). “[A]s a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Missouri v. Frye, 566 U.S. 134, 145 (2012). “‘[A] lawyer must abide by his client’s decision [to accept or reject a plea] only after having provided the client with competent and fully informed advice,

2017See Harris v. State, 875 S.W.2d 662, 666 (Tenn. 1994); see also Hill v. Lockhart, 474 U.S. 52, 57 (1985) (applying the two-part Strickland test to claims of ineffective assistance of counsel during plea negotiations). “[A]s a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Missouri v. Frye, 566 U.S. 134, 145 (2012). “‘[A] lawyer must abide by his client’s decision [to accept or reject a plea] only after having provided the client with competent and fully informed advice,

2026See State v. Melson, 772 S.W.2d 417 , 419 n.2 (Tenn. 1989). -6- A petitioner must satisfy both prongs of the Strickland test in order to prevail in an ineffective assistance of counsel claim.

2026See State v. Melson, 772 S.W.2d 417 , 419 n.2 (Tenn. 1989). -6- A petitioner must satisfy both prongs of the Strickland test in order to prevail in an ineffective assistance of counsel claim.

2026As to the first prong of the Strickland analysis, “counsel’s performance is effective if the advice given or the services rendered are within the range of competence demanded of attorneys in criminal cases.” Henley, 960 S.W.2d at 579 (citing Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975)); see also Goad, 938 S.W.2d at 369 .

2026As to the first prong of the Strickland analysis, “counsel’s performance is effective if the advice given or the services rendered are within the range of competence demanded of attorneys in criminal cases.” Henley, 960 S.W.2d at 579 (citing Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975)); see also Goad, 938 S.W.2d at 369 .

2026However, “[b]ecause of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’” Id. at 689 (quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955)). -8- I.

2026However, “[b]ecause of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’” Id. at 689 (quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955)). -8- I.

2011In Lockhart *337 v. Fretwell, 506 U.S. 364 , 113 S.Ct. 838 , 122 L.Ed.2d 180 (1993), the Supreme Court, “apply[ing] the case-by-case prejudice inquiry that has always been built into the Strickland test,” id. at 370 n. 2, 113 S.Ct. 838 , reiterated that “an analysis focusing solely on mere outcome determination, without attention to whether the result of the proceeding was fundamentally unfair or unreliable, is defective.” Id. at 369 , 113 S.Ct. 838 .

2011In Lockhart *337 v. Fretwell, 506 U.S. 364 , 113 S.Ct. 838 , 122 L.Ed.2d 180 (1993), the Supreme Court, “apply[ing] the case-by-case prejudice inquiry that has always been built into the Strickland test,” id. at 370 n. 2, 113 S.Ct. 838 , reiterated that “an analysis focusing solely on mere outcome determination, without attention to whether the result of the proceeding was fundamentally unfair or unreliable, is defective.” Id. at 369 , 113 S.Ct. 838 .

2026Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 ; see Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”).

2026Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 ; see Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”).

2022We also apply the Strickland standard for determining deficiency when reviewing “challenges to guilty pleas based on ineffective assistance of counsel.” See Hill v. Lockhart, 474 U.S. 52, 58 (1985).

2022We also apply the Strickland standard for determining deficiency when reviewing “challenges to guilty pleas based on ineffective assistance of counsel.” See Hill v. Lockhart, 474 U.S. 52, 58 (1985).

2024“The Strickland standard for determining whether a defendant received effective assistance of counsel applies during plea negotiations as well as during trial.” Nesbit v. State, 452 S.W.3d 779, 787 (Tenn. 2014) (citing Missouri v. Frye, 566 U.S. 134, 144-45 (2012)). “[A]s a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Frye, 566 U.S. at 145 .

2024“The Strickland standard for determining whether a defendant received effective assistance of counsel applies during plea negotiations as well as during trial.” Nesbit v. State, 452 S.W.3d 779, 787 (Tenn. 2014) (citing Missouri v. Frye, 566 U.S. 134, 144-45 (2012)). “[A]s a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Frye, 566 U.S. at 145 .

2010If the petitioner meets his or her burden, the trial court must apply the Strickland analysis and determine whether counsel’s error “‘fell below an objective standard of reasonableness,’ and whether the error raised ‘a reasonable probability . . . that the result of the proceedings would have been different.’” Id. (quoting Strickland, 466 U.S. at 687-88, 694 ).

2010If the petitioner meets his or her burden, the trial court must apply the Strickland analysis and determine whether counsel’s error “‘fell below an objective standard of reasonableness,’ and whether the error raised ‘a reasonable probability . . . that the result of the proceedings would have been different.’” Id. (quoting Strickland, 466 U.S. at 687-88, 694 ).

2024See Carpenter v. State, 126 S.W.3d 879, 886 (Tenn. 2004) (applying the Strickland standard to appellate-ineffectiveness claims).

2024See Carpenter v. State, 126 S.W.3d 879, 886 (Tenn. 2004) (applying the Strickland standard to appellate-ineffectiveness claims).

2012Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 ; see also Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”). -4- We note that when post-conviction proceedings have included a full evidentiary hearing, as was true in this case, the trial judge’s findings of fact and conclusions of law are given the effect and weight of a jury verdict, and this

2012Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 ; see also Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”). -4- We note that when post-conviction proceedings have included a full evidentiary hearing, as was true in this case, the trial judge’s findings of fact and conclusions of law are given the effect and weight of a jury verdict, and this

2011The performance prong of the Strickland test requires a petitioner raising a claim of ineffectiveness to show that counsel’s representation fell below an objective standard of reasonableness, or “outside the range of professionally competent assistance.” Strickland, 466 U.S. at 690 ; see also Kimmelman v. Morrison, 477 U.S. 365, 386 (1986).

2011The performance prong of the Strickland test requires a petitioner raising a claim of ineffectiveness to show that counsel’s representation fell below an objective standard of reasonableness, or “outside the range of professionally competent assistance.” Strickland, 466 U.S. at 690 ; see also Kimmelman v. Morrison, 477 U.S. 365, 386 (1986).

2025Garcia v. State, 425 S.W.3d 248, 256 (Tenn. 2013).

2025Garcia v. State, 425 S.W.3d 248, 256 (Tenn. 2013).

2024“The Strickland standard for determining whether a defendant received effective assistance of counsel applies during plea negotiations as well as during trial.” Nesbit v. State, 452 S.W.3d 779, 787 (Tenn. 2014) (citing Missouri v. Frye, 566 U.S. 134, 144-45 (2012)). “[A]s a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Frye, 566 U.S. at 145 .

2024“The Strickland standard for determining whether a defendant received effective assistance of counsel applies during plea negotiations as well as during trial.” Nesbit v. State, 452 S.W.3d 779, 787 (Tenn. 2014) (citing Missouri v. Frye, 566 U.S. 134, 144-45 (2012)). “[A]s a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Frye, 566 U.S. at 145 .

2026“The overlap between a petitioner’s statutory burden of proof under Tennessee Code Annotated section 40-30-110(f) and a court’s application of the Strickland inquiry means that Petitioner is required to prove the fact of counsel’s alleged error by clear and convincing evidence.” Phillips, 647 S.W.3d at 401 (quoting Dellinger, 279 S.W.3d at 294 ) (emphasis in original).

2026“The overlap between a petitioner’s statutory burden of proof under Tennessee Code Annotated section 40-30-110(f) and a court’s application of the Strickland inquiry means that Petitioner is required to prove the fact of counsel’s alleged error by clear and convincing evidence.” Phillips, 647 S.W.3d at 401 (quoting Dellinger, 279 S.W.3d at 294 ) (emphasis in original).

2014Campbell v. State, 904 S.W.2d 594, 596 (Tenn. 1995). -22- Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 ; see also Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”).

2014Campbell v. State, 904 S.W.2d 594, 596 (Tenn. 1995). -22- Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 ; see also Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”).

2021“In order to succeed in proving ineffective assistance of counsel with respect to counsel’s failure to file a motion to suppress the evidence, [a petitioner] must satisfy both prongs of the Strickland test, showing that counsel’s failure to file the motion was deficient and that the deficient performance prejudiced the defense.” Vaughn v. State, 202 S.W.3d 106, 120 (Tenn. 2006) (citing Strickland, 466 U.S. at 687 ).

2021“In order to succeed in proving ineffective assistance of counsel with respect to counsel’s failure to file a motion to suppress the evidence, [a petitioner] must satisfy both prongs of the Strickland test, showing that counsel’s failure to file the motion was deficient and that the deficient performance prejudiced the defense.” Vaughn v. State, 202 S.W.3d 106, 120 (Tenn. 2006) (citing Strickland, 466 U.S. at 687 ).

2012A reasonable probability is a probability sufficient to undermine confidence in the outcome.” 466 U.S. at 694; see also Overton v. State, 874 S.W.2d 6, 11 (Tenn. 1994) (concluding that petitioner failed to establish that “there is a reasonable probability that, but for counsel’s errors, the outcome of the proceedings would have been different”). -17- Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697; see also Goad, 938 S.W.2d at 370 (stating that “failure to pr

2012A reasonable probability is a probability sufficient to undermine confidence in the outcome.” 466 U.S. at 694; see also Overton v. State, 874 S.W.2d 6, 11 (Tenn. 1994) (concluding that petitioner failed to establish that “there is a reasonable probability that, but for counsel’s errors, the outcome of the proceedings would have been different”). -17- Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697; see also Goad, 938 S.W.2d at 370 (stating that “failure to pr

2020Id.

2020Id.

2014Cooper v. State, 849 S.W.2d 744, 747 (Tenn. 1993).

2014Cooper v. State, 849 S.W.2d 744, 747 (Tenn. 1993).

2012Strickland, 466 U.S. at 687 ; see also Combs, 205 F.3d at 277 . -10- The performance prong of the Strickland test requires a petitioner to show that counsel’s representation fell below an objective standard of reasonableness or was “outside the wide range of professionally competent assistance.” Strickland, 466 U.S. at 690 .

2012Strickland, 466 U.S. at 687 ; see also Combs, 205 F.3d at 277 . -10- The performance prong of the Strickland test requires a petitioner to show that counsel’s representation fell below an objective standard of reasonableness or was “outside the wide range of professionally competent assistance.” Strickland, 466 U.S. at 690 .

2023However, deference to matters of strategy and tactical choices applies only if the choices are informed ones based upon adequate preparation.’” House, 44 S.W.3d at 515 (quoting Goad, 938 S.W.2d at 369 ). 12 If the petitioner shows that counsel’s representation fell below a reasonable standard, then the petitioner must satisfy the prejudice prong of the Strickland test by demonstrating “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694 ; Nichols v. State, 90 S.W.3d 576, 587 (Tenn.

2023However, deference to matters of strategy and tactical choices applies only if the choices are informed ones based upon adequate preparation.’” House, 44 S.W.3d at 515 (quoting Goad, 938 S.W.2d at 369 ). 12 If the petitioner shows that counsel’s representation fell below a reasonable standard, then the petitioner must satisfy the prejudice prong of the Strickland test by demonstrating “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694 ; Nichols v. State, 90 S.W.3d 576, 587 (Tenn.

2014The Petitioner asserts that the post-conviction court should have presumed prejudice under United States v. Cronic, 466 U.S. 648 (1984), thereby relieving the Petitioner of the burden of proving the Strickland factors.

2014The Petitioner asserts that the post-conviction court should have presumed prejudice under United States v. Cronic, 466 U.S. 648 (1984), thereby relieving the Petitioner of the burden of proving the Strickland factors.

2010See State v. Melson, 772 S.W.2d 417 , 419 n.2 (Tenn. 1989), cert. denied, 493 U.S. 874 (1989).

2010See State v. Melson, 772 S.W.2d 417 , 419 n.2 (Tenn. 1989), cert. denied, 493 U.S. 874 (1989).

2022This Court must evaluate the questionable conduct from the attorney’s perspective at the time, Hellard v. State, 629 S.W.2d 4, 9 (Tenn. 1982), and “should indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance,” State v. Burns, 6 S.W.3d 453, 462 (Tenn. 1999). - 11 - Even if a petitioner shows that counsel’s representation was deficient, the petitioner must also satisfy the prejudice prong of the Strickland test in order to obtain relief.

2022This Court must evaluate the questionable conduct from the attorney’s perspective at the time, Hellard v. State, 629 S.W.2d 4, 9 (Tenn. 1982), and “should indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance,” State v. Burns, 6 S.W.3d 453, 462 (Tenn. 1999). - 11 - Even if a petitioner shows that counsel’s representation was deficient, the petitioner must also satisfy the prejudice prong of the Strickland test in order to obtain relief.

2024As to the prejudice prong of the Strickland analysis, however, the trial court -15- applied Wallace v. State, 121 S.W.3d 652 (Tenn. 2003), overruled by Howard v. State, 604 S.W.3d 53 (Tenn. 2020), and concluded that prejudice was presumed by counsel’s error.

2024As to the prejudice prong of the Strickland analysis, however, the trial court -15- applied Wallace v. State, 121 S.W.3d 652 (Tenn. 2003), overruled by Howard v. State, 604 S.W.3d 53 (Tenn. 2020), and concluded that prejudice was presumed by counsel’s error.