Topic: effective assistance of counsel is presumed, and the defend… · Go Syfert
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Topic #2721

5 canonical passages across 4 cases, quoted by 113 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from People v. Eisen.

#Case FlagCanonical passage Citers
1 People v. Eisen Anchor
michctapp · 2012
green “effective assistance of counsel is presumed, and the defendant bears a heavy burden of proving otherwise.” 55
2 People v. Brown
michctapp · 2011
green “a claim of ineffective assistance of counsel presents a mixed question of law and fact.” 22
3 People v. Lopez
michctapp · 2014
green “this court reviews a trial court's findings of fact, if any, for clear error, and reviews de novo the ultimate constitutional issue arising from an ineffective assistance of counsel claim.” 15
4 People v. Lopez
michctapp · 2014
green “a finding is clearly erroneous if the reviewing court is left with a definite and firm conviction that a mistake has been made.” 12
5 People v. Oliver
michctapp · 1988
green “if the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of the witness' testimo…” 9

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