Transcription of CRIMINAL PROCEDURE POSTCONVICTION PROCEDURE …
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State of Maryland v. Travis Thaniel, No. 936, September Term, 2017 Opinion by Battaglia, J. CRIMINAL PROCEDURE POSTCONVICTION PROCEDURE INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL: The right to the effective assistance of trial counsel is grounded in the Sixth Amendment, made applicable to the States through the Fourteenth Amendment. A claim of ineffective assistance of trial counsel comprises two elements: that counsel s performance was objectively unreasonable under prevailing professional norms, and that there is a reasonable probability that, but for counsel s unprofessional errors, the result of the proceeding would have been different. The petitioner bears the burden of proof.
CRIMINAL PROCEDURE ... The petitioner must identify the acts or omissions of counsel that are alleged not to have been the result of reasonable professional judgment, whereupon a reviewing court must then determine whether, in light of all the circumstances, the identified acts or …
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