SANTIAGO MILIAN A/K/A SANTIAGO JIMENEZ
v.
THE STATE OF FLORIDA
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A court need not address both prongs of the Strickland ineffective assistance of counsel test when the defendant fails to make a sufficient showing on one prong.
[1] Under the Strickland ineffective assistance of counsel standard, a court may decline to address the prejudice prong when the defendant fails to establish the deficient pe…
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Join FLexlaw to unlock all legal intelligence“[T]here is no reason for a court deciding an ineffective assistance claim ... to address both components of the inquiry if the defendant makes an insufficient showing on one.”
Strickland v. Washington standard for ineffective assistance analysis
Santiago Milian appealed his conviction claiming ineffective assistance of counsel.…
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PER CURIAM.
Affirmed. See Waterhouse v. State, 792 So. 2d 1176, 1182 (Fla. 2001) (noting that a claim of ineffective assistance of counsel requires a defendant to demonstrate deficient performance and that such deficient performance prejudiced the defense, and “because the Strickland standard requires establishment of both prongs, when a defendant fails to make a showing as to one prong, it is not necessary to delve into whether he has made a showing as to the other prong.”) (citing Strickland v. Washington, 466 U.S. 668, 697 (1984)) (“[T]here is no reason for a court deciding an ineffective assistance claim ... to address both components of the inquiry if the defendant makes an insufficient showing on one.”) See also Downs v. State, 740 So. 2d 506, 518 n.19 (Fla.1999) (finding no need to address prejudice prong where defendant failed to establish deficient performance prong); Kennedy v. State, 547 So. 2d 912, 914 (Fla.1989) (noting that where defendant fails to establish prejudice prong court need not determine whether counsel's performance was deficient).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Kennedy v. State, 547 So. 2d 912 (Fla. 1989)
- Downs v. State, 740 So. 2d 506 (Fla. 1999)
- Waterhouse v. State, 792 So. 2d 1176 (Fla. 2001)