strickland washington argued january decided may respondent pleaded guilty florida trial indictment included three capital murder charges plea colloquy respondent told trial judge although committed string burglaries significant prior criminal record time criminal spree extreme stress caused inability support family trial judge told respondent great deal respect people willing step forward admit responsibility preparing sentencing hearing defense counsel spoke respondent background seek character witnesses request psychiatric examination counsel decision present evidence concerning respondent character emotional state reflected judgment advisable rely plea colloquy evidence matters thus preventing state respondent presenting psychiatric evidence counsel request presentence report included respondent criminal history thereby undermined claim significant prior criminal record finding numerous aggravating circumstances mitigating circumstance trial judge sentenced respondent death murder counts florida affirmed respondent sought collateral relief state ground inter alia counsel rendered ineffective assistance sentencing proceeding several respects including failure request psychiatric report investigate present character witnesses seek presentence report trial denied relief florida affirmed respondent filed habeas corpus petition federal district advancing numerous grounds relief including claim ineffective assistance counsel evidentiary hearing district denied relief concluding although counsel made errors judgment failing investigate mitigating evidence prejudice respondent sentence resulted error judgment appeals ultimately reversed stating sixth amendment accorded criminal defendants right counsel rendering reasonably effective assistance given totality circumstances outlining standards judging whether defense counsel fulfilled duty investigate nonstatutory mitigating circumstances whether counsel errors sufficiently prejudicial justify reversal appeals remanded case application standards held sixth amendment right counsel right effective assistance counsel benchmark judging claim ineffectiveness must whether counsel conduct undermined proper functioning adversarial process trial relied produced result principle applies capital sentencing proceeding one provided florida law sufficiently like trial adversarial format existence standards decision counsel role proceeding comparable counsel role trial pp convicted defendant claim counsel assistance defective require reversal conviction setting aside death sentence requires defendant show first counsel performance deficient second deficient performance prejudiced defense deprive defendant fair trial pp proper standard judging attorney performance reasonably effective assistance considering circumstances convicted defendant complains ineffectiveness counsel assistance defendant must show counsel representation fell objective standard reasonableness judicial scrutiny counsel performance must highly deferential fair assessment attorney performance requires every effort made eliminate distorting effects hindsight reconstruct circumstances counsel challenged conduct evaluate conduct counsel perspective time must indulge strong presumption counsel conduct falls within wide range reasonable professional assistance standards require special amplification order define counsel duty investigate duty issue case pp regard required showing prejudice proper standard requires defendant show reasonable probability counsel unprofessional errors result proceeding different reasonable probability probability sufficient undermine confidence outcome hearing ineffectiveness claim must consider totality evidence judge jury pp number practical considerations important application standards set forth standards establish mechanical rules ultimate focus inquiry must fundamental fairness proceeding whose result challenged need first determine whether counsel performance deficient examining prejudice suffered defendant result alleged deficiencies easier dispose ineffectiveness claim ground lack sufficient prejudice course followed principles governing ineffectiveness claims apply federal collateral proceedings direct appeal motions new trial federal habeas challenge state criminal judgment state conclusion counsel rendered effective assistance finding fact binding federal extent stated mixed question law fact pp facts case make clear counsel conduct respondent sentencing proceeding found unreasonable standards also make clear even assuming counsel conduct unreasonable respondent suffered insufficient prejudice warrant setting aside death sentence pp delivered opinion burger white blackmun powell rehnquist stevens joined brennan filed opinion concurring part dissenting part post marshall filed dissenting opinion post carolyn snurkowski assistant attorney general florida argued cause petitioners briefs jim smith attorney general calvin fox assistant attorney general richard shapiro argued cause respondent brief joseph rodriguez briefs amici curiae urging reversal filed solicitor general lee assistant attorney general trott deputy solicitor general frey edwin kneedler state alabama et al mike greely attorney general montana john maynard assistant attorney general charles graddick attorney general alabama robert corbin attorney general arizona john steven clark attorney general arkansas john van de kamp attorney general california duane woodard attorney general colorado austin mcguigan chief state attorney connecticut michael bowers attorney general georgia tany hong attorney general hawaii jim jones attorney general idaho linley pearson attorney general indiana robert stephan attorney general kansas steven beshear attorney general kentucky william guste attorney general louisiana james tierney attorney general maine stephen sachs attorney general maryland francis bellotti attorney general massachusetts frank kelley attorney general michigan hubert humphrey iii attorney general minnesota william allain attorney general mississippi john ashcroft attorney general missouri paul douglas attorney general nebraska brian mckay attorney general nevada irwin kimmelman attorney general new jersey paul bardacke attorney general new mexico rufus edmisten attorney general north carolina robert wefald attorney general north dakota anthony celebrezze attorney general ohio michael turpen attorney general oklahoma dave frohnmayer attorney general oregon leroy zimmerman attorney general pennsylvania dennis roberts ii attorney general rhode island travis medlock attorney general south carolina mark meierhenry attorney general south dakota william leech attorney general tennessee david wilkinson attorney general utah john easton attorney general vermont gerald baliles attorney general virginia kenneth eikenberry attorney general washington chauncey browning attorney general west virginia archie mcclintock attorney general wyoming washington legal foundation daniel popeo paul kamenar nicholas calio richard wilson charles sims burt neuborne filed brief national legal aid defender association et al amici curiae urging affirmance justice delivered opinion case requires us consider proper standards judging criminal defendant contention constitution requires conviction death sentence set aside counsel assistance trial sentencing ineffective period september respondent planned committed three groups crimes included three brutal stabbing murders torture kidnaping severe assaults attempted murders attempted extortion theft two accomplices arrested respondent surrendered police voluntarily gave lengthy statement confessing third criminal episodes state florida indicted respondent kidnaping murder appointed experienced criminal lawyer represent counsel actively pursued pretrial motions discovery cut efforts short however experienced sense hopelessness case learned specific advice respondent also confessed first two murders date set trial respondent subject indictment three counts murder multiple counts robbery kidnaping ransom breaking entering assault attempted murder conspiracy commit robbery respondent waived right jury trial acting counsel advice pleaded guilty charges including three capital murder charges plea colloquy respondent told trial judge although committed string burglaries significant prior criminal record time criminal spree extreme stress caused inability support family app also stated however accepted responsibility crimes trial judge told respondent great deal respect people willing step forward admit responsibility making statement likely sentencing decision counsel advised respondent invoke right florida law advisory jury capital sentencing hearing respondent rejected advice waived right chose instead sentenced trial judge without jury recommendation preparing sentencing hearing counsel spoke respondent background also spoke telephone respondent wife mother though follow one unsuccessful effort meet otherwise seek character witnesses respondent app pet cert request psychiatric examination since conversations client gave indication respondent psychological problems counsel decided present hence look evidence concerning respondent character emotional state decision reflected trial counsel sense hopelessness overcoming evidentiary effect respondent confessions gruesome crimes see also reflected judgment advisable rely plea colloquy evidence respondent background claim emotional stress plea colloquy communicated sufficient information subjects forgoing opportunity present new evidence subjects counsel prevented state respondent claim putting psychiatric evidence counsel also excluded sentencing hearing evidence thought potentially damaging successfully moved exclude respondent rap sheet app judged presentence report might prove detrimental helpful included respondent criminal history thereby undermined claim significant history criminal activity request one prepared app pet cert sentencing hearing counsel strategy based primarily trial judge remarks plea colloquy well reputation sentencing judge thought important convicted defendant crime counsel argued respondent remorse acceptance responsibility justified sparing death penalty counsel also argued respondent history criminal activity respondent committed crimes extreme mental emotional disturbance thus coming within statutory list mitigating circumstances argued respondent spared death surrendered confessed offered testify codefendant respondent fundamentally good person briefly gone badly wrong extremely stressful circumstances state put evidence witnesses largely purpose describing details crimes counsel medical experts testified manner death respondent victims trial judge found several aggravating circumstances respect three murders found three murders especially heinous atrocious cruel involving repeated stabbings three murders committed course least one dangerous violent felony since involved robbery murders pecuniary gain three murders committed avoid arrest accompanying crimes hinder law enforcement course one murders respondent knowingly subjected numerous persons grave risk death deliberately stabbing shooting murder victim sustained severe one case ultimately fatal injuries respect mitigating circumstances trial judge made findings three capital murders first although admitted evidence prior convictions respondent stated engaged course stealing case even respondent significant history criminal activity aggravating circumstances still clearly far outweigh mitigating factor second judge found three crimes respondent suffering extreme mental emotional disturbance appreciate criminality acts third none victims participant consented respondent conduct fourth respondent participation crimes neither minor result duress domination accomplice finally respondent age considered factor mitigation especially viewed light respondent planning crimes disposition proceeds various accompanying thefts short trial judge found numerous aggravating circumstances single comparatively insignificant mitigating circumstance respect three convictions capital murder trial judge concluded careful consideration matters presented impels conclusion insufficient mitigating circumstances outweigh aggravating circumstances see washington state quoting trial findings cert denied therefore sentenced respondent death three counts murder prison terms crimes florida upheld convictions sentences direct appeal respondent subsequently sought collateral relief state numerous grounds among counsel rendered ineffective assistance sentencing proceeding respondent challenged counsel assistance six respects asserted counsel ineffective failed move continuance prepare sentencing request psychiatric report investigate present character witnesses seek presentence investigation report present meaningful arguments sentencing judge investigate medical examiner reports medical experts support claim respondent submitted affidavits friends neighbors relatives stating testified asked also submitted one psychiatric report one psychological report stating respondent though influence extreme mental emotional disturbance chronically frustrated depressed economic dilemma time crimes app see also trial denied relief without evidentiary hearing finding record evidence conclusively showed ineffectiveness claim meritless app pet cert four assertedly prejudicial errors required little discussion first grounds request continuance error requesting one respondent pleaded guilty second failure request presentence investigation serious error trial judge discretion grant request presentence investigation resulted admission respondent rap sheet thus undermined assertion significant history criminal activity third argument memorandum given sentencing judge admirable light overwhelming aggravating circumstances absence mitigating circumstances fourth error failure examine medical examiner reports medical witnesses testifying manner death respondent victims since respondent admitted victims died ways shown unchallenged medical evidence trial dealt greater length two bases ineffectiveness claim pointed psychiatric examination respondent conducted state order soon respondent initial arraignment report indication major mental illness time crimes moreover reports submitted collateral proceeding state although respondent chronically frustrated depressed economic dilemma influence extreme mental emotional disturbance three reports thus directly undermine contention made sentencing hearing respondent suffering extreme mental emotional disturbance crime spree accordingly counsel reasonably decide seek psychiatric reports indeed relying solely plea colloquy support emotional disturbance contention counsel denied state opportunity rebut claim psychiatric testimony event aggravating circumstances overwhelming substantial prejudice resulted absence sentencing psychiatric evidence offered collateral attack rejected challenge counsel failure develop present character evidence much reasons affidavits submitted collateral proceeding showed nothing certain persons testified respondent basically good person worried family financial problems respondent already testified along lines plea colloquy moreover respondent admission course stealing rebutted many factual allegations affidavits reasons sentencing judge stated death sentence appropriate even respondent significant prior criminal history substantial prejudice resulted absence sentencing character evidence offered collateral attack applying standard ineffectiveness claims articulated florida knight state trial concluded respondent shown counsel assistance reflected substantial serious deficiency measurably competent counsel likely affected outcome sentencing proceeding specifically found matter law record affirmatively demonstrates beyond doubt even counsel done things respondent alleged counsel failed time sentencing even remotest chance outcome different plain fact aggravating circumstances proved case completely overwhelming app pet cert florida affirmed denial relief washington state essentially reasons given trial state concluded respondent failed make prima facie case either substantial deficiency possible prejudice indeed failed degree believe point moral certainty entitled relief respondent claims shown conclusively without merit obviate need evidentiary hearing respondent next filed petition writ habeas corpus district southern district florida advanced numerous grounds relief among ineffective assistance counsel based errors except failure move continuance identified state district held evidentiary hearing inquire trial counsel efforts investigate present mitigating circumstances respondent offered affidavits reports submitted state collateral proceedings also called trial counsel testify state florida respondent objection called trial judge testify district disputed none state factual findings concerning trial counsel assistance made findings consistent state findings account trial counsel actions decisions given reflects combined findings legal issue ineffectiveness district concluded although trial counsel made errors judgment failing investigate nonstatutory mitigating evidence prejudice respondent sentence resulted error judgment relying part trial judge testimony also factors led state courts find prejudice district concluded appear likelihood even significant possibility errors trial counsel affected outcome sentencing proceeding app pet cert district went reject respondent grounds relief including one exhausted state district considered among reasons state urged consideration accordingly denied petition writ habeas corpus appeal panel appeals fifth circuit affirmed part vacated part remanded instructions apply particular facts framework analyzing ineffectiveness claims developed opinion panel decision vacated unit former fifth circuit eleventh circuit decided rehear case en banc full appeals developed framework analyzing ineffective assistance claims reversed judgment district remanded case new factfinding newly announced standards noted outset respondent raised unexhausted claim evidentiary hearing district habeas petition might characterized mixed petition subject rule rose lundy requiring dismissal entire petition held however exhaustion requirement matter comity rather matter jurisdiction hence admitted exceptions agreed district case came within exception mixed petition rule turning merits appeals stated sixth amendment right assistance counsel accorded criminal defendants right counsel reasonably likely render rendering reasonably effective assistance given totality circumstances remarked passing special standard applies capital cases one punishment defendant faces merely one circumstances considered determining whether counsel reasonably effective addressed respondent contention trial counsel assistance reasonably effective counsel breached duty investigate nonstatutory mitigating circumstances agreed sixth amendment imposes counsel duty investigate reasonably effective assistance must based professional decisions informed legal choices made investigation options observed counsel investigatory decisions must assessed light information known time decisions hindsight amount pretrial investigation reasonable defies precise measurement nevertheless putting cases one side attempted classify cases presenting issues concerning scope duty investigate proceeding trial one plausible line defense concluded counsel must conduct reasonably substantial investigation line defense since strategic choice renders investigation unnecessary duty exists counsel relies trial one line defense although others available either case investigation need exhaustive must include independent examination facts circumstances pleadings laws involved quoting rummel estelle scope duty however depends facts strength government case likelihood pursuing certain leads may prove harmful helpful one plausible line defense held counsel ideally investigate line substantially making strategic choice lines rely trial counsel conducts substantial investigations strategic choices made result seldom ever found wanting advocacy art science adversary system requires deference counsel informed decisions strategic choices must respected circumstances based professional judgment counsel conduct substantial investigation several plausible lines defense assistance may nonetheless effective counsel may exclude certain lines defense strategic reasons limitations time money however may force early strategic choices often based solely conversations defendant review prosecution evidence strategic choices lines defense pursue owed deference commensurate reasonableness professional judgments based thus counsel assumptions reasonable given totality circumstances counsel strategy represents reasonable choice based upon assumptions counsel need investigate lines defense chosen employ trial omitted among factors relevant deciding whether particular strategic choices reasonable experience attorney inconsistency unpursued pursued lines defense potential prejudice taking unpursued line defense outlined standards judging whether defense counsel fulfilled duty investigate appeals turned attention question prejudice defense must shown counsel errors justify reversal judgment observed cases outright denial counsel affirmative government interference representation process inherently prejudicial conflicts interest said special showing prejudice need made cases deficient performance counsel government directly responsible deficiencies evidence deficiency may accessible defendant prosecution defendant must show counsel errors resulted actual substantial disadvantage course defense standard appeals reasoned compatible cause prejudice standard overcoming procedural defaults federal collateral proceedings discourages insubstantial claims requiring showing virtually always made conceivable adverse effect defense counsel errors specified showing prejudice result reversal judgment concluded unless prosecution showed constitutionally deficient performance light evidence harmless beyond reasonable doubt appeals thus laid tests applied eleventh circuit challenges convictions ground ineffectiveness counsel although judges proposed different approaches judging ineffectiveness claims either generally raised federal habeas petitions state prisoners opinion tjoflat opinion clark opinion roney joined fay hill jj opinion hill although believed remand necessary case opinion johnson joined anderson opinion roney joined fay hill jj opinion hill majority judges en banc agreed case remanded application newly announced standards summarily rejecting respondent claims ineffectiveness counsel accordingly reversed judgment district remanded case remand finally ruled state trial judge testimony though admissible extent contains personal knowledge historical facts expert opinion considered admitted evidence explain judge mental processes reaching sentencing decision see fayerweather ritch petitioners officials state florida filed petition writ certiorari seeking review decision appeals petition presents type sixth amendment claim previously considered generality considered sixth amendment claims based actual constructive denial assistance counsel altogether well claims based state interference ability counsel render effective assistance accused cronic ante exception cuyler sullivan however involved claim counsel assistance rendered ineffective conflict interest never directly fully addressed claim actual ineffectiveness counsel assistance case going trial cf agurs assessing attorney performance federal courts appeals state courts adopted reasonably effective assistance standard one formulation another see trapnell app brief cronic pp sarno modern status rules standards state courts adequacy defense counsel representation criminal client yet occasion squarely decide whether proper standard respect prejudice defendant must show deficient attorney performance lower courts adopted tests purport differ formulation see app brief cronic supra sarno supra particular appeals case expressly rejected prejudice standard articulated judge leventhal plurality opinion decoster app en banc cert denied adopted state florida knight state standard requires showing specified deficient conduct counsel likely affected outcome proceeding reasons granted certiorari consider standards judge contention constitution requires criminal judgment overturned actual ineffective assistance counsel agree appeals exhaustion rule requiring dismissal mixed petitions though strictly enforced jurisdictional see rose lundy therefore address merits constitutional issue ii long line cases includes powell alabama johnson zerbst gideon wainwright recognized sixth amendment right counsel exists needed order protect fundamental right fair trial constitution guarantees fair trial due process clauses defines basic elements fair trial largely several provisions sixth amendment including counsel clause criminal prosecutions accused shall enjoy right speedy public trial impartial jury state district wherein crime shall committed district shall previously ascertained law informed nature cause accusation confronted witnesses compulsory process obtaining witnesses favor assistance counsel defence vital importance counsel assistance held certain exceptions person accused federal state crime right counsel appointed retained counsel obtained see argersinger hamlin gideon wainwright supra johnson zerbst supra person happens lawyer present trial alongside accused however enough satisfy constitutional command sixth amendment recognizes right assistance counsel envisions counsel playing role critical ability adversarial system produce results accused entitled assisted attorney whether retained appointed plays role necessary ensure trial fair reason recognized right counsel right effective assistance counsel mcmann richardson government violates right effective assistance interferes certain ways ability counsel make independent decisions conduct defense see geders bar consultation overnight recess herring new york bar summation bench trial brooks tennessee requirement defendant first defense witness ferguson georgia bar direct examination defendant counsel however also deprive defendant right effective assistance simply failing render adequate legal assistance cuyler sullivan actual conflict interest adversely affecting lawyer performance renders assistance ineffective elaborated meaning constitutional requirement effective assistance latter class cases presenting claims actual ineffectiveness giving meaning requirement however must take purpose ensure fair trial guide benchmark judging claim ineffectiveness must whether counsel conduct undermined proper functioning adversarial process trial relied produced result principle applies capital sentencing proceeding provided florida law need consider role counsel ordinary sentencing may involve informal proceedings standardless discretion sentencer hence may require different approach definition constitutionally effective assistance capital sentencing proceeding like one involved case however sufficiently like trial adversarial format existence standards decision see barclay florida bullington missouri counsel role proceeding comparable counsel role trial ensure adversarial testing process works produce result standards governing decision purposes describing counsel duties therefore florida capital sentencing proceeding need distinguished ordinary trial iii convicted defendant claim counsel assistance defective require reversal conviction death sentence two components first defendant must show counsel performance deficient requires showing counsel made errors serious counsel functioning counsel guaranteed defendant sixth amendment second defendant must show deficient performance prejudiced defense requires showing counsel errors serious deprive defendant fair trial trial whose result reliable unless defendant makes showings said conviction death sentence resulted breakdown adversary process renders result unreliable federal courts appeals held proper standard attorney performance reasonably effective assistance see trapnell indirectly recognized much stated mcmann richardson supra guilty plea attacked based inadequate legal advice unless counsel reasonably competent attorney advice within range competence demanded attorneys criminal cases see also cuyler sullivan supra convicted defendant complains ineffectiveness counsel assistance defendant must show counsel representation fell objective standard reasonableness specific guidelines appropriate sixth amendment refers simply counsel specifying particular requirements effective assistance relies instead legal profession maintenance standards sufficient justify law presumption counsel fulfill role adversary process amendment envisions see michel louisiana proper measure attorney performance remains simply reasonableness prevailing professional norms representation criminal defendant entails certain basic duties counsel function assist defendant hence counsel owes client duty loyalty duty avoid conflicts interest see cuyler sullivan supra counsel function assistant defendant derive overarching duty advocate defendant cause particular duties consult defendant important decisions keep defendant informed important developments course prosecution counsel also duty bring bear skill knowledge render trial reliable adversarial testing process see powell alabama basic duties neither exhaustively define obligations counsel form checklist judicial evaluation attorney performance case presenting ineffectiveness claim performance inquiry must whether counsel assistance reasonable considering circumstances prevailing norms practice reflected american bar association standards like aba standards criminal justice ed defense function guides determining reasonable guides particular set detailed rules counsel conduct satisfactorily take account variety circumstances faced defense counsel range legitimate decisions regarding best represent criminal defendant set rules interfere constitutionally protected independence counsel restrict wide latitude counsel must making tactical decisions see decoster app indeed existence detailed guidelines representation distract counsel overriding mission vigorous advocacy defendant cause moreover purpose effective assistance guarantee sixth amendment improve quality legal representation although goal considerable importance legal system purpose simply ensure criminal defendants receive fair trial judicial scrutiny counsel performance must highly deferential tempting defendant counsel assistance conviction adverse sentence easy examining counsel defense proved unsuccessful conclude particular act omission counsel unreasonable cf engle isaac fair assessment attorney performance requires every effort made eliminate distorting effects hindsight reconstruct circumstances counsel challenged conduct evaluate conduct counsel perspective time difficulties inherent making evaluation must indulge strong presumption counsel conduct falls within wide range reasonable professional assistance defendant must overcome presumption circumstances challenged action might considered sound trial strategy see michel louisiana supra countless ways provide effective assistance given case even best criminal defense attorneys defend particular client way see goodpaster trial life effective assistance counsel death penalty cases rev availability intrusive inquiry attorney performance detailed guidelines evaluation encourage proliferation ineffectiveness challenges criminal trials resolved unfavorably defendant increasingly come followed second trial one counsel unsuccessful defense counsel performance even willingness serve adversely affected intensive scrutiny counsel rigid requirements acceptable assistance dampen ardor impair independence defense counsel discourage acceptance assigned cases undermine trust attorney client thus deciding actual ineffectiveness claim must judge reasonableness counsel challenged conduct facts particular case viewed time counsel conduct convicted defendant making claim ineffective assistance must identify acts omissions counsel alleged result reasonable professional judgment must determine whether light circumstances identified acts omissions outside wide range professionally competent assistance making determination keep mind counsel function elaborated prevailing professional norms make adversarial testing process work particular case time recognize counsel strongly presumed rendered adequate assistance made significant decisions exercise reasonable professional judgment standards require special amplification order define counsel duty investigate duty issue case appeals concluded strategic choices made thorough investigation law facts relevant plausible options virtually unchallengeable strategic choices made less complete investigation reasonable precisely extent reasonable professional judgments support limitations investigation words counsel duty make reasonable investigations make reasonable decision makes particular investigations unnecessary ineffectiveness case particular decision investigate must directly assessed reasonableness circumstances applying heavy measure deference counsel judgments reasonableness counsel actions may determined substantially influenced defendant statements actions counsel actions usually based quite properly informed strategic choices made defendant information supplied defendant particular investigation decisions reasonable depends critically information example facts support certain potential line defense generally known counsel defendant said need investigation may considerably diminished eliminated altogether defendant given counsel reason believe pursuing certain investigations fruitless even harmful counsel failure pursue investigations may later challenged unreasonable short inquiry counsel conversations defendant may critical proper assessment counsel investigation decisions may critical proper assessment counsel litigation decisions see decoster supra error counsel even professionally unreasonable warrant setting aside judgment criminal proceeding error effect judgment cf morrison purpose sixth amendment guarantee counsel ensure defendant assistance necessary justify reliance outcome proceeding accordingly deficiencies counsel performance must prejudicial defense order constitute ineffective assistance constitution certain sixth amendment contexts prejudice presumed actual constructive denial assistance counsel altogether legally presumed result prejudice various kinds state interference counsel assistance see cronic ante prejudice circumstances likely inquiry prejudice worth cost ante moreover circumstances involve impairments sixth amendment right easy identify reason prosecution directly responsible easy government prevent one type actual ineffectiveness claim warrants similar though limited presumption prejudice cuyler sullivan held prejudice presumed counsel burdened actual conflict interest circumstances counsel breaches duty loyalty perhaps basic counsel duties moreover difficult measure precise effect defense representation corrupted conflicting interests given obligation counsel avoid conflicts interest ability trial courts make early inquiry certain situations likely give rise conflicts see fed rule crim proc reasonable criminal justice system maintain fairly rigid rule presumed prejudice conflicts interest even rule quite per se rule prejudice exists sixth amendment claims mentioned prejudice presumed defendant demonstrates counsel actively represented conflicting interests actual conflict interest adversely affected lawyer performance cuyler sullivan supra omitted conflict interest claims aside actual ineffectiveness claims alleging deficiency attorney performance subject general requirement defendant affirmatively prove prejudice government responsible hence able prevent attorney errors result reversal conviction sentence attorney errors come infinite variety likely utterly harmless particular case prejudicial classified according likelihood causing prejudice defined sufficient precision inform defense attorneys correctly conduct avoid representation art act omission unprofessional one case may sound even brilliant another even defendant shows particular errors counsel unreasonable therefore defendant must show actually adverse effect defense enough defendant show errors conceivable effect outcome proceeding virtually every act omission counsel meet test cf every error conceivably influenced outcome undermines reliability result proceeding respondent suggests requiring showing errors impaired presentation defense brief respondent standard however provides workable principle since error indeed error impairs presentation defense proposed standard inadequate provides way deciding impairments sufficiently serious warrant setting aside outcome proceeding hand believe defendant need show counsel deficient conduct likely altered outcome case standard several strengths defines relevant inquiry way familiar courts though inquiry inevitable anything precise standard also reflects profound importance finality criminal proceedings moreover comports widely used standard assessing motions new trial based newly discovered evidence see brief amicus curiae nn nevertheless standard quite appropriate even specified attorney error results omission certain evidence newly discovered evidence standard apt source draw prejudice standard ineffectiveness claims high standard newly discovered evidence claims presupposes essential elements presumptively accurate fair proceeding present proceeding whose result challenged cf johnson ineffective assistance claim asserts absence one crucial assurances result proceeding reliable finality concerns somewhat weaker appropriate standard prejudice somewhat lower result proceeding rendered unreliable hence proceeding unfair even errors counsel shown preponderance evidence determined outcome accordingly appropriate test prejudice finds roots test materiality exculpatory information disclosed defense prosecution agurs test materiality testimony made unavailable defense government deportation witness supra defendant must show reasonable probability counsel unprofessional errors result proceeding different reasonable probability probability sufficient undermine confidence outcome making determination whether specified errors resulted required prejudice presume absent challenge judgment grounds evidentiary insufficiency judge jury acted according law assessment likelihood result favorable defendant must exclude possibility arbitrariness whimsy caprice nullification like defendant entitlement luck lawless decisionmaker even lawless decision reviewed assessment prejudice proceed assumption decisionmaker reasonably conscientiously impartially applying standards govern decision depend idiosyncracies particular decisionmaker unusual propensities toward harshness leniency although factors may actually entered counsel selection strategies limited extent may thus affect performance inquiry irrelevant prejudice inquiry thus evidence actual process decision part record proceeding review evidence example particular judge sentencing practices considered prejudice determination governing legal standard plays critical role defining question asked assessing prejudice counsel errors defendant challenges conviction question whether reasonable probability absent errors factfinder reasonable doubt respecting guilt defendant challenges death sentence one issue case question whether reasonable probability absent errors sentencer including appellate extent independently reweighs evidence concluded balance aggravating mitigating circumstances warrant death making determination hearing ineffectiveness claim must consider totality evidence judge jury factual findings unaffected errors factual findings affected affected different ways errors pervasive effect inferences drawn evidence altering entire evidentiary picture isolated trivial effect moreover verdict conclusion weakly supported record likely affected errors one overwhelming record support taking unaffected findings given taking due account effect errors remaining findings making prejudice inquiry must ask defendant met burden showing decision reached reasonably likely different absent errors iv number practical considerations important application standards outlined important adjudicating claim actual ineffectiveness counsel keep mind principles stated establish mechanical rules although principles guide process decision ultimate focus inquiry must fundamental fairness proceeding whose result challenged every case concerned whether despite strong presumption reliability result particular proceeding unreliable breakdown adversarial process system counts produce results extent already guiding inquiry lower courts standards articulated today require reconsideration ineffectiveness claims rejected different standards cf trapnell several years applying farce mockery standard along reasonable competence standard never found result case hinged choice particular standard particular minor differences lower courts precise formulations performance standard insignificant different formulations mere variations overarching reasonableness standard regard prejudice inquiry strict test among standards articulated lower courts imposes heavier burden defendants tests laid today difference however alter merit ineffectiveness claim rarest case although discussed performance component ineffectiveness claim prior prejudice component reason deciding ineffective assistance claim approach inquiry order even address components inquiry defendant makes insufficient showing one particular need determine whether counsel performance deficient examining prejudice suffered defendant result alleged deficiencies object ineffectiveness claim grade counsel performance easier dispose ineffectiveness claim ground lack sufficient prejudice expect often course followed courts strive ensure ineffectiveness claims become burdensome defense counsel entire criminal justice system suffers result principles governing ineffectiveness claims apply federal collateral proceedings direct appeal motions new trial indicated cause prejudice test overcoming procedural waivers claims error presumption criminal judgment final strongest collateral attacks judgment see frady engle isaac ineffectiveness claim however articulation standards govern decision claims makes clear attack fundamental fairness proceeding whose result challenged since fundamental fairness central concern writ habeas corpus see special standards apply ineffectiveness claims made habeas proceedings finally federal habeas challenge state criminal judgment state conclusion counsel rendered effective assistance finding fact binding federal extent stated ineffectiveness question basic primary historical fac townsend sain rather like question whether multiple representation particular case gave rise conflict interest mixed question law fact see cuyler sullivan although state findings fact made course deciding ineffectiveness claim subject deference requirement although district findings subject clearly erroneous standard federal rule civil procedure performance prejudice components ineffectiveness inquiry mixed questions law fact articulated general standards judging ineffectiveness claims think useful apply standards facts case order illustrate meaning general principles record makes possible conflicts state federal courts findings fact principles articulated sufficiently close principles applied florida courts district clear factfinding affected erroneous legal principles see swint application governing principles difficult case facts described see supra make clear conduct respondent counsel respondent sentencing proceeding found unreasonable also make clear even assuming challenged conduct counsel unreasonable respondent suffered insufficient prejudice warrant setting aside death sentence respect performance component record shows respondent counsel made strategic choice argue extreme emotional distress mitigating circumstance rely fully possible respondent acceptance responsibility crimes although counsel understandably felt hopeless respondent prospects see app nothing record indicates one possible reading district opinion suggests see app pet cert counsel sense hopelessness distorted professional judgment counsel strategy choice well within range professionally reasonable judgments decision seek character psychological evidence already hand likewise reasonable trial judge views importance owning one crimes well known counsel aggravating circumstances utterly overwhelming trial counsel reasonably surmise conversations respondent character psychological evidence little help respondent already able mention plea colloquy substance know financial emotional troubles restricting testimony respondent character come plea colloquy ensured contrary character psychological evidence respondent criminal history counsel successfully moved exclude come facts little question even without application presumption adequate performance trial counsel defense though unsuccessful result reasonable professional judgment respect prejudice component lack merit respondent claim even stark evidence respondent says trial counsel offered sentencing hearing barely altered sentencing profile presented sentencing judge state courts district found evidence shows numerous people knew respondent thought generally good person psychiatrist psychologist believed considerable emotional stress rise level extreme disturbance given overwhelming aggravating factors reasonable probability omitted evidence changed conclusion aggravating circumstances outweighed mitigating circumstances hence sentence imposed indeed admission evidence respondent offers might even harmful case rap sheet probably admitted evidence psychological reports directly contradicted respondent claim mitigating circumstance extreme emotional disturbance applied case conclusions prejudice performance components ineffectiveness inquiry depend trial judge testimony district hearing therefore need consider general admissibility testimony although noted supra testimony irrelevant prejudice inquiry moreover prejudice question resolvable hence ineffectiveness claim rejected without regard evidence presented district hearing state courts properly concluded ineffectiveness claim meritless without holding evidentiary hearing failure make required showing either deficient performance sufficient prejudice defeats ineffectiveness claim double failure generally respondent made showing justice sentence rendered unreliable breakdown adversary process caused deficiencies counsel assistance respondent sentencing proceeding fundamentally unfair conclude therefore district properly declined issue writ habeas corpus judgment appeals accordingly reversed join opinion dissent judgment adhering view death penalty circumstances cruel unusual punishment forbidden eighth fourteenth amendments see gregg georgia brennan dissenting vacate respondent death sentence remand case proceedings case cronic ante present first occasions elaborate appropriate standards judging claims ineffective assistance counsel cronic considers claims context cases surrounding circumstances make unlikely lawyer provide effective assistance ineffectiveness properly presumed without inquiry actual performance trial ante case contrast concerns claims ineffective assistance based allegations specific errors counsel claims nature require courts evaluate attorney performance effect performance reliability fairness proceeding accordingly defendant making claim kind must show lawyer performance inadequate also prejudiced thereby see also cronic ante join opinion believe standards sets today provide helpful guidance courts considering claims actual ineffectiveness counsel also permit courts continue efforts achieve progressive development area law like federal courts state courts previously addressed matter see ante concludes proper standard attorney performance reasonably effective assistance ante rejecting strict test employed courts adopts appropriate standard prejudice requirement defendant show reasonable probability counsel unprofessional errors result proceeding different defining reasonable probability probability sufficient undermine confidence outcome ante believe standards sufficiently precise permit meaningful distinctions attorney derelictions deprive defendants constitutional rights time standards sufficiently flexible accommodate wide variety situations giving rise claims kind respect performance standard agree conclusion particular set detailed rules counsel conduct inappropriate ante precisely standard reasonably effective assistance adopted today requires counsel performance measured light particular circumstances case believe decision stunt development constitutional doctrine area post marshall dissenting indeed suggestion today decision largely consistent approach taken lower courts ante simply indicates courts may continue develop governing principles basis tradition past similarly prejudice standard announced today erect insurmountable obstacle meritorious claims rather simply requires courts carefully examine trial records light nature seriousness counsel errors effect particular circumstances case ante ii flexibility requirement considered light particular circumstances case standards announced today applied concern special considerations must attend review counsel performance capital sentencing proceeding contrast case finding ineffective assistance requires new trial conclusion counsel ineffective respect penalty phase capital trial imposes state far lesser burden reconsideration sentence alone hand consequences defendant incompetent assistance capital sentencing course greater recognizing unique seriousness proceeding repeatedly emphasized discretion afforded sentencing body matter grave determination whether human life taken spared discretion must suitably directed limited minimize risk wholly arbitrary capricious action zant stephens quoting gregg georgia opinion stewart powell stevens reason consistently required capital proceedings policed stages especially vigilant concern procedural fairness accuracy factfinding justice marshall emphasized last term always insisted need procedural safeguards particularly great life stake long established right counsel felony cases gideon wainwright recognized right capital cases powell alabama time condemned procedures capital cases might completely acceptable ordinary case see bullington missouri beck alabama green georgia per curiam lockett ohio gardner florida woodson north carolina th basic difference death penalty punishments consistently recognized corresponding difference need reliability determination death appropriate punishment specific case ibid barefoot estelle dissenting opinion sentencing phase capital case hat essential jury possible relevant information individual defendant whose fate must determine jurek texas opinion stewart powell stevens reason repeatedly insisted sentencer capital cases must permitted consider relevant mitigating factor eddings oklahoma fact justice noted sentencing judge failure consider relevant aspects defendant character background creates unacceptable risk death penalty unconstitutionally imposed even cases matter raised interests justice may impose reviewing courts duty remand case resentencing concurring course right present sentencer consider mitigating evidence means little defense counsel fails look mitigating evidence fails present case mitigation capital sentencing hearing comment colum rev see burger zant defendant years old time crime sentenced death counsel failed present evidence mitigation stay granted post accordingly counsel general duty investigate ante takes importance defendant context developing mitigating evidence present judge jury considering sentence death claims ineffective assistance performance duty therefore considered commensurate care rejects claim case course understood reflect diminution commitment principle fundamental respect humanity underlying eighth amendment requires consideration character record individual offender circumstances particular offense constitutionally indispensable part process inflicting penalty death eddings oklahoma supra quoting woodson north carolina opinion stewart powell stevens satisfied standards announced today go far towards assisting lower federal courts state courts discharging constitutional duty ensure every criminal defendant receives effective assistance counsel guaranteed sixth amendment footnotes indeed counsel incompetence serious rises level constructive denial counsel constitute constitutional error without showing prejudice see cronic ante javor prejudice inherent case unconscious sleeping counsel equivalent counsel justice marshall dissenting sixth fourteenth amendments guarantee person accused crime right aid lawyer preparing presenting defense long settled right counsel right effective assistance counsel mcmann richardson state lower federal courts developed standards distinguishing effective inadequate assistance today first time attempts synthesize clarify standards part majority efforts unhelpful neither two principal holdings seems likely improve adjudication sixth amendment claims zeal survey comprehensively field doctrine majority makes many generalizations suggestions find unacceptable importantly majority fails take adequate account fact locus case capital sentencing proceeding accordingly join neither opinion judgment opinion revolves around two holdings first majority ties constitutional minima attorney performance simple standard reasonableness ante second majority holds error counsel sufficient impact trial undermine confidence outcome grounds overturning conviction ante disagree rulings objection performance standard adopted malleable practice either grip yield excessive variation manner sixth amendment interpreted applied different courts tell lawyers lower courts counsel criminal defendant must behave reasonably must act like reasonably competent attorney ante tell almost nothing essence majority instructed judges called upon assess claims ineffective assistance counsel advert intuitions regarding constitutes professional representation discouraged trying develop detailed standards governing performance defense counsel view thereby abdicated responsiblity interpret constitution also impaired ability lower courts exercise debilitating ambiguity objective standard reasonableness context illustrated majority failure address important issues concerning quality representation mandated constitution unfortunate undeniable fact person means selecting lawyer paying enough ensure prepares thoroughly usually obtain better representation available indigent defendant must rely appointed counsel turn limited time resources devote given case reasonably competent attorney reasonably competent adequately paid retained lawyer reasonably competent appointed attorney also fact quality representation available ordinary defendants different parts country varies significantly standard performance mandated sixth amendment vary locale majority offers clues proper responses questions majority defends refusal adopt specific standards primarily ground particular set detailed rules counsel conduct satisfactorily take account variety circumstances faced defense counsel range legitimate decisions regarding best represent criminal defendant ante agree counsel must afforded wide latitude making tactical decisions regarding trial strategy see ante cf infra many aspects job criminal defense attorney amenable judicial oversight example much work involved preparing trial applying bail conferring one client making timely objections significant arguably erroneous rulings trial judge filing notice appeal colorable grounds therefor profitably made subject uniform standards opinion appeals case represents one sound attempt develop particularized standards designed ensure defendants receive effective legal assistance see en banc generally consistent efforts see decoster app disapproved rehearing app en banc cert denied coles peyton cert denied people pope cal state harper refusing address merits proposals indeed suggesting effort worthwhile opinion fear stunt development constitutional doctrine area object prejudice standard adopted two independent reasons first often difficult tell whether defendant convicted trial ineffectively represented fared better lawyer competent seemingly impregnable cases sometimes dismantled good defense counsel basis cold record may impossible reviewing confidently ascertain government evidence arguments stood rebuttal shrewd lawyer difficulties estimating prejudice fact exacerbated possibility evidence injury defendant may missing record precisely incompetence defense counsel view impediments fair evaluation probability outcome trial affected ineffectiveness counsel seems senseless impose defendant whose lawyer shown incompetent burden demonstrating prejudice second fundamentally assumption holding rests purpose constitutional guarantee effective assistance counsel reduce chance innocent persons convicted view guarantee also functions ensure convictions obtained fundamentally fair procedures majority contends sixth amendment violated manifestly guilty defendant convicted trial represented manifestly ineffective attorney agree every defendant entitled trial interests vigorously conscientiously advocated able lawyer proceeding defendant receive meaningful assistance meeting forces state opinion constitute due process chapman california acknowledged certain constitutional rights basic fair trial infraction never treated harmless error among rights right assistance counsel trial see gideon wainwright view right effective assistance counsel entailed right counsel abridgment former equivalent abridgment latter thus hold showing performance defendant lawyer departed constitutionally prescribed standards requires new trial regardless whether defendant suffered demonstrable prejudice thereby ii even inclined join majority two central holdings abide manner majority elaborates upon rulings particularly regrettable majority discussion presumption reasonableness accorded lawyers decisions attempt prejudge merits claims previously rejected lower courts using different legal standards defining standard attorney performance required constitution majority appropriately notes many problems confronting criminal defense attorneys admit range legitimate responses ante majority properly cautions courts reviewing lawyer selection amongst set options avoid hubris hindsight ibid majority goes however suggest reviewing courts indulge strong presumption counsel conduct constitutionally acceptable ibid see ante appl heavy measure deference counsel judgments ante sure phrases mean doubt lower courts denote nothing defendant claiming denied effective assistance counsel burden proof agree see cronic ante adjectives strong heavy might read imposing upon defendants unusually weighty burden persuasion majority intent must respectfully dissent range acceptable behavior defined prevailing professional norms ante seems sufficiently broad allow defense counsel flexibility need responding novel problems trial strategy afford attorneys latitude strongly presuming behavior fall within zone reasonableness covertly legitimate convictions sentences obtained basis incompetent conduct defense counsel justification majority provides proposed presumption undue receptivity claims ineffective assistance counsel encourage many defendants raise claims thereby clog courts frivolous suits dampen ardor defense counsel see ante confidence majority ability state federal courts expeditiously dispose meritless arguments ensure responsible innovative lawyering inhibited view little gained much may lost instructing lower courts proceed assumption defendant challenge lawyer performance insubstantial many years lower courts debating meaning effective assistance counsel different courts developed different standards issue level performance required constitution courts adopted forgiving standard others adopted various versions reasonable competence standard issue level prejudice necessary compel new trial courts taken wide variety positions ranging stringent test rule showing incompetence part defense counsel automatically requires reversal conviction regardless injury defendant today substantially resolves disputes majority holds constitution violated defense counsel representation falls level expected reasonably competent defense counsel ante affects trial reasonable probability absent counsel error outcome different ante curiously though discounts significance rulings suggesting choice standards matters little cases decided differently lower courts always applied tests announced today see ante surely judges state lower federal courts surprised learn distinctions fiercely debated many years fact unimportant majority comments point seem prompted principally reluctance acknowledge today decision require reassessment many previously rejected claims majority unhappiness score understandable efforts mitigate perceived problem ineffectual nothing majority says relieve lower courts hitherto using standards tolerant ineffectual advocacy obligation scrutinize claims old well new principles laid today iii majority suggests purposes describing counsel duties capital sentencing proceeding need distinguished ordinary trial ante agree repeatedly acknowledged constitution requires stricter adherence procedural safeguards capital case cases penalty death qualitatively different sentence imprisonment however long death finality differs life imprisonment prison term differs one year two qualitative difference corresponding difference need reliability determination death appropriate punishment specific case woodson north carolina plurality opinion omitted matters little whether strict scrutiny claim ineffectiveness counsel resulted death sentence achieved modification sixth amendment standards especially careful application standards justice brennan suggests necessary adjustment level performance required counsel capital sentencing proceedings effected simply construing phrase reasonableness prevailing professional norms manner takes account nature impending penalty ante though prefer specific iteration counsel duties special context accept proposal however instructing lower courts regarding probability impact upon outcome requires resentencing think best explicitly modify legal standard view person death row whose counsel performance fell constitutionally acceptable levels compelled demonstrate reasonable probability given life sentence lawyer competent see ante defendant establish significant chance outcome different surely entitled redetermination fate cf agurs marshall dissenting iv views expressed preceding section oblige dissent majority disposition case us undisputed respondent trial counsel made virtually investigation possibility obtaining testimony respondent relatives friends former employers pertaining respondent character background counsel done found several persons willing able testify experience respondent responsible nonviolent man devoted family active affairs church see app respondent contends lawyer used testimony humanize respondent counteract impression conveyed trial little killer evidence admitted respondent argues chances obtaining life sentence significantly better measured standards outlined respondent contentions substantial experienced members bar long recognized crucial importance adducing evidence sentencing proceeding establishes defendant social familial connections see goodpaster trial life effective assistance counsel death penalty cases rev state makes colorable though view compelling argument defense counsel case might made reasonable strategic decision present evidence sentencing hearing assumption unadorned acknowledgment respondent responsibility crimes likely appeal trial judge reputed respect persons accepted responsibility actions however justifiable choice might counsel fairly assessed potential strength mitigating evidence available counsel failure make significant effort find evidence might garnered respondent relatives acquaintances surely described reasonable counsel failure investigate particularly suspicious light candid admission respondent confessions conduct course trial gave feeling hopelessness regarding possibility saving respondent life see app aggravating circumstances implicated respondent criminal conduct substantial see ante vitiate respondent constitutional claim judges juries cases involving behavior least egregious shown mercy particularly afforded opportunity see facets defendant personality life respondent contention defeated possibility material counsel turned might sufficient establish statutory mitigating circumstance florida law florida sentencing judges florida sometimes refuse impose death sentences cases even though statutory mitigating circumstances outweigh statutory aggravating circumstances addition nonstatutory mitigating circumstances tips scales favor life imprisonment barclay florida stevens concurring judgment emphasis original counsel investigated availability mitigating evidence might well decided present material hearing done significant chance respondent given life sentence view possibilities conjoined unreasonableness counsel failure investigate sufficient establish violation sixth amendment entitle respondent new sentencing proceeding respectfully dissent see note identifying remedying ineffective assistance criminal defense counsel new look decoster harv rev note effective assistance counsel sixth amendment fair trial guarantee chi rev moore defining constitutionally required level performance exercise customary skill knowledge normally prevails time place review decisions attempting develop guidelines assessment claims see erickson standards competency defense counsel criminal case crim rev many decisions rely heavily standards developed american bar association see aba standards criminal justice ed cf ellison discussing related problem measuring injury caused joint representation conflicting interests observed evil advocate finds compelled refrain trial also possible pretrial plea negotiations sentencing process may possible cases identify record prejudice resulting attorney failure undertake certain trial tasks even record sentencing hearing available difficult judge intelligently impact conflict attorney representation client assess impact conflict interests attorney options tactics decisions plea negotiations virtually impossible thus inquiry claim harmless error require unlike cases unguided speculation holloway arkansas emphasis original see decoster app en banc bazelon dissenting cert denied note harv cases government acted way prevented defense counsel functioning effectively refused require defendant order obtain new trial demonstrate injured glasser example held determine precise degree prejudice sustained defendant result appointment counsel two codefendants conflicting interests difficult unnecessary right assistance counsel fundamental absolute allow courts indulge nice calculations amount prejudice arising denial see yelardy cert denied beasley commonwealth badger see state pacheco hoover state ark line state ind see trapnell cooper fitzharris en banc cert denied see decoster app plurality opinion knight state see supra see also zant stephens eddings oklahoma lockett ohio plurality opinion see goodpaster trial life effective assistance counsel death penalty cases rev justice brennan points ante additional reason examining especially carefully sixth amendment challenge pertains capital sentencing proceeding result finding constitutional violation context less disruptive finding counsel incompetent liability phase trial see part supra sensible effort formulate guidelines conduct defense counsel capital sentencing proceedings see goodpaster supra purposes succeeding section assume solely sake argument showing prejudice necessary state violation sixth amendment cf part supra read opinion preclude kind adjustment legal standard majority defines reasonable probability probability sufficient undermine confidence outcome ante view nature sanction issue difficulty determining sentencer responded presented different set facts argued lower estimate likelihood outcome capital sentencing proceeding influenced attorney error sufficient undermine confidence outcome true ordinary criminal case adhering view death penalty unconstitutional circumstances gregg georgia marshall dissenting vote vacate respondent sentence even presented substantial sixth amendment claim two considerations undercut state explanation counsel decision first apparent adducement evidence pertaining respondent character familial connections inconsistent respondent acknowledgment responsible behavior second florida possesses frequently exercises power overturn death sentences deems unwarranted facts case see state dixon even counsel decision try humanize respondent benefit trial judge deemed reasonable counsel failure create record benefit state might well deemed unreasonable see farmer kinard trial penalty phase reprinted california state public defender california death penalty manual