kimmelman morrison argued march decided june respondent bench trial new jersey resulting conviction rape police officer testified hours rape accompanied victim respondent apartment rape occurred another tenant let respondent apartment officer seized sheet respondent bed point testimony respondent counsel sought suppress introduction sheet testimony ground officer seized without search warrant violation fourth amendment judge ruled counsel suppression motion late applicable new jersey rule judge rejected counsel attempt justify omission grounds heard seizure day trial began state obligation inform case even though made pretrial request discovery revealed search seizure expected go trial told victim wish proceed respondent retained new counsel trial appeal alleged ineffective assistance counsel trial error trial refusal entertain suppression motion trial appellate rejected claims affirmed respondent conviction thereafter respondent unsuccessfully sought postconviction relief trial judge grounds obtained habeas corpus relief federal district held inter alia established claim appeals concluded stone powell held federal courts withhold habeas review state provided opportunity full fair litigation fourth amendment claim extended bar federal habeas consideration sixth amendment claims based counsel alleged failure competently litigate fourth amendment claims reviewing district determination ineffective assistance test established intervening decision strickland washington held establish ineffective assistance defendant must prove incompetence counsel prejudice appeals determined respondent trial counsel grossly ineffective vacated remanded district consider whether standards set forth strickland respondent prejudiced attorney incompetence held restriction federal habeas review fourth amendment claims announced stone powell supra extend sixth amendment claims founded primarily incompetent representation respect fourth amendment issue federal courts may grant habeas relief appropriate cases regardless nature underlying attorney error pp respondent sixth amendment claim fact fourth amendment claim directly controlled stone petitioners assert two claims distinct nature requisite elements proof pp rationale purposes stone fully applicable sixth amendment claim based principally defense counsel failure litigate fourth amendment claim competently stone held remedy fourth amendment violations provided exclusionary rule personal constitutional right instead predominately judicially created structural remedy designed safeguard fourth amendment rights generally deterrent effect rule minimal utility context federal collateral proceedings respondent sought direct federal habeas protection fundamental personal right effective assistance counsel collateral review frequently means accused effectuate right moreover merit contention defendant allowed vindicate federal habeas review right effective assistance counsel counsel primary error failure make timely request exclusion illegally seized evidence often probative information bearing defendant guilt innocence right counsel conditioned upon actual innocence pp petitioners prediction every fourth amendment claim fails state fully litigated federal habeas proceedings sixth amendment guise result many judgments disturbed incorrect ignores rigorous standard strickland washington supra erects claims although meritorious fourth amendment issue necessary success sixth amendment claim like respondent good fourth amendment claim alone earn prisoner federal habeas relief habeas petitioners prove strickland denied fair trial gross incompetence attorneys entitled writ retrial without challenged evidence pp respondent satisfied incompetence prong test ineffective assistance counsel set forth strickland appeals err remanding case district determination prejudice strickland standard pp failure file suppression motion constitute per se ineffective assistance counsel record clearly reveals respondent attorney failed file timely suppression motion due trial strategy considerations unaware search state intention introduce bedsheet evidence due failure conduct pretrial discovery failure required strickland reasonable accord prevailing professional norms pp respect prejudice prong strickland test merit petitioners contention statement made trial judge hearing respondent motion bail pending appeal constituted finding even bedsheet excluded found respondent guilty finding subsidiary finding historical fact respondent prejudiced attorney incompetence entitled presumption correctness federal habeas proceedings record sufficiently complete enable apply strickland prejudice prong directly facts case remand district redetermination prejudice proper pp brennan delivered opinion white marshall blackmun stevens joined powell filed opinion concurring judgment burger rehnquist joined post allan nodes argued cause petitioners brief irwin kimmelman attorney general new jersey catherine foddai mildred vallerini spiller arlene weiss deputy attorneys general william staehle appointment argued cause filed brief respondent leon friedman charles sims burt neuborne filed brief american civil liberties union et al amici curiae urging affirmance justice brennan delivered opinion question address case whether restrictions federal habeas review fourth amendment claims announced stone powell extended sixth amendment claims ineffective assistance counsel principal allegation manifestation inadequate representation counsel failure file timely motion suppress evidence allegedly obtained violation fourth amendment respondent neil morrison convicted state new jersey raping case presented state respondent bench trial consisted scientific evidence testimony victim mother police officers handled victim complaint victim testified morrison employer taken apartment forced onto bed raped upon returning home girl related incident mother first summoning morrison asking account events phoned police police came victim home transported hospital examined tested indicia sexual assault state also called witness detective dolores one officers investigated rape complaint testified accompanied victim morrison apartment building hours rape morrison home another tenant building let respondent apartment stated seized sheet respondent bed point testimony respondent counsel objected introduction sheet testimony concerning ground seized without search warrant new jersey rules however require suppression motions made within days indictment unless time enlarged trial good cause rule deadline long since expired trial judge ruled counsel motion late defense counsel explained heard seizure day trial began client known police left receipt sheet prosecutor responded defense counsel case beginning never asked discovery trial counsel done prosecutor observed police reports revealed search seizure prosecutor stated one month trial sent defense counsel copy laboratory report concerning tests conducted stains hairs found sheets asked repeatedly trial conducted discovery respondent attorney asserted state obligation inform case client even though made request discovery judge rejected assertion stated hate say say remiss think evidence available examination inquiry tr defense counsel attempted justify omission ground expected go trial told victim wish proceed judge rejected justification also reminding counsel indictment handed decision go complaint longer belongs victim requires order dismiss indictment judge agreed defense counsel br valid basis suppression motion brought timely made refused entertain motion suppress middle trial state called number expert witnesses conducted laboratory tests stains hairs found sheet stain found victim underpants blood hair samples provided victim respondent testimony established bedsheet stained semen man type blood stains victim underwear similarly exhibited semen man type blood defendant type blood vaginal tests performed girl hospital demonstrated presence sperm hairs recovered sheet morphologically similar head hair morrison victim defense counsel aggressively expert witnesses defense called four friends acquaintances defendant defendant attempt establish different version facts defense theory girl mother fabricated rape order punish respondent delinquent girl wages according morrison girl mother intended go prosecution ultimately found impossible extricate lies morrison admitted taken girl apartment denied intercourse claimed sexual activity women accounted stains sheet hair girl head sheet seated bed defense counsel also implied girl underwear vaginal secretions tested positive semen sperm probably recently engaged relations father baby counsel however call girl boyfriend testify tested blood type omission upon prosecution commented closing argument trial judge rendering verdict noted cases nothing cut dry discrepancies state case discrepancies defense presented tr pointing troublesome inconsistencies testimony several witnesses judge declared conclusion state proved case beyond reasonable doubt trial respondent dismissed attorney retained new counsel appeal appeal respondent alleged ineffective assistance counsel error trial refusal entertain suppression motion trial appeals announced summarily found merit either claim affirmed respondent conviction new jersey subsequently denied respondent petition discretionary review respondent sought postconviction relief new jersey superior judge tried case morrison presented identical issues raised direct appeal denied relief ground bound appellate resolution issues respondent respondent sought writ habeas corpus federal district raising claims ineffective assistance counsel erroneous admission illegally seized evidence district ruled respondent allege state denied opportunity litigate fourth amendment claim fully fairly direct consideration claim federal habeas review barred stone powell supp nj district find respondent claim meritorious district rendered decision announced standards applied claims constitutionally deficient representation strickland washington district relied third circuit precedent guidance particularly baynes moore like strickland cases required inquiry counsel competence prejudicial effect counsel unprofessional errors respect trial counsel competence district used standard customary skill knowledge normally prevails time place quoting moore supra noting standard entails careful inquiry particular circumstances surrounding case quoting baynes supra concluded ounsel failed conduct meaningful pretrial discovery thus totally unaware certain damaging evidence might appropriate subject suppression motion counsel seems acted misapprehension state obligated turn anything defense might interested examining little else offered way excuse morrison lawyer face repeated criticism state trial judge except counsel rather remarkable attempt justify conduct noting trial told victim want go ahead case based unmitigated negligence petitioner trial counsel failing conduct discovery combined likelihood success suppression motion timely made find petitioner deprived effective representation although district address relevance stone supra respondent sixth amendment claim appeals relying language stone different natures fourth sixth amendment claims appeals concluded stone extended bar federal habeas consideration sixth amendment claims based counsel alleged failure competently litigate fourth amendment claims strickland recently decided appeals reviewed district determination ineffective assistance strickland test appeals determined respondent trial counsel grossly ineffective vacated remanded district consider whether standards set forth strickland supra respondent prejudiced attorney incompetence petitioners attorney general new jersey superintendent rahway state prison petitioned certiorari granted petition affirm ii petitioners urge sixth amendment veil lifted respondent habeas petition reveal petitioners argue really attempt litigate defaulted fourth amendment claim argue respondent claim fact form fourth amendment one stone directly controls alternatively petitioners maintain even morrison sixth amendment claim may legitimately considered distinct defaulted fourth amendment claim rationale purposes stone fully applicable claims principal allegation inadequate representation counsel failure file timely motion suppress evidence allegedly obtained violation fourth amendment stone argue emasculated unless extend bar federal habeas review sort sixth amendment claim finally petitioners maintain consideration defaulted fourth amendment claims sixth amendment federal collateral proceedings violate principles comity federalism seriously interfere state interest finality criminal convictions share petitioners perception identity respondent fourth sixth amendment claims defense counsel failure make timely suppression motion primary manifestation incompetence source prejudice advanced respondent two claims nonetheless distinct nature requisite elements proof although frequently invoked criminal trials fourth amendment trial right protection affords governmental intrusion one home affairs pertains citizens gravamen fourth amendment claim complainant legitimate expectation privacy violated illegal search seizure see katz order prevail complainant need prove search seizure illegal violated reasonable expectation privacy item place issue see rawlings kentucky right counsel fundamental right criminal defendants assures fairness thus legitimacy adversary process gideon wainwright essence claim counsel unprofessional errors upset adversarial balance defense prosecution trial rendered unfair verdict rendered suspect see strickland washington cronic order prevail defendant must show counsel representation fell objective standard reasonableness strickland exists reasonable probability counsel unprofessional errors result proceeding different defense counsel failure litigate fourth amendment claim competently principal allegation ineffectiveness defendant must also prove fourth amendment claim meritorious reasonable probability verdict different absent excludable evidence order demonstrate actual prejudice thus respondent defaulted fourth amendment claim one element proof sixth amendment claim two claims separate identities reflect different constitutional values also disagree petitioners contention reasoning purposes stone fully applicable sixth amendment claim based principally defense counsel failure litigate fourth amendment claim competently issue stone proper scope federal collateral protection criminal defendants right evidence seized violation fourth amendment excluded trial state determining federal courts withhold habeas review state provided opportunity full fair litigation fourth amendment claim found crucial remedy fourth amendment violations provided exclusionary rule personal constitutional right see also expressed understanding rule calculated redress injury privacy victim search seizure instead explained exclusionary rule predominately judicially created structural remedy designed safeguard fourth amendment rights generally deterrent effect ibid quoting calandra noted case remedial device application rule restricted areas remedial objectives thought efficaciously served quoting calandra supra rule extended situations grand jury proceedings citing calandra supra impeachment defendant testifies broadly behalf citing walder rule costs outweigh utility deterrent police misconduct applying pragmatic analysis question whether prisoners afforded full fair opportunity state invoke exclusionary rule may raise fourth amendment claims federal habeas review determined may accepting exclusionary rule deterrent effect outweighs costs enforced trial direct appeal found additional contribution consideration claims collateral review small relation costs justify federal habeas review stone also made clear decision concerned scope habeas corpus statute authority litigating constitutional claims generally emphasis original rather simply reaffirm ed exclusionary rule judicially created remedy rather personal constitutional right emphasiz ed minimal utility rule context federal collateral proceedings ibid see also rose mitchell stone powell carefully limited reach opinion cases involving judicially created exclusionary rule minimal utility applied habeas corpus proceeding jackson virginia declining extend stone claims state prisoners violation constitutional standard set forth winship evidence support convictions sufficient permit rational trier fact find guilt beyond reasonable doubt contrast habeas petitioner stone sought merely avail exclusionary rule morrison seeks direct federal habeas protection personal right effective assistance counsel right accused counsel beyond question fundamental right see gideon right one charged crime counsel may deemed fundamental essential fair trials countries without counsel right fair trial little consequence see cronic supra ash argersinger hamlin gideon supra johnson zerbst powell alabama counsel accused secures rights maine moulton cronic supra see also schaefer federalism state criminal procedure harv rev rights accused person right represented counsel far pervasive affects ability assert rights may constitutional guarantee counsel however satisfied mere formal appointment avery alabama accused entitled assisted attorney whether retained appointed plays role necessary ensure trial fair strickland supra words right counsel right effective assistance counsel evitts lucey strickland supra cronic cuyler sullivan mcmann richardson collateral review frequently means accused effectuate right counsel restricting litigation sixth amendment claims trial direct review seriously interfere accused right effective representation layman ordinarily unable recognize counsel errors evaluate counsel professional performance cf powell alabama supra consequently criminal defendant rarely know represented competently trial appeal usually consults another lawyer case indeed accused often realize meritorious ineffectiveness claim begins collateral review proceedings particularly retained trial counsel direct appeal extend stone hold criminal defendants may raise claims based primarily incompetent handling fourth amendment issues federal habeas deny defendants whose trial attorneys performed incompetently regard opportunity vindicate right effective trial counsel deny defendants whose appellate counsel performed inadequately respect fourth amendment issues opportunity protect right effective appellate counsel see evitts supra thus say able say stone restriction federal habeas review severely interfere protection constitutional right asserted habeas petitioner furthermore may free analysis stone refuse reasons prudence comity burden state costs exclusionary rule contexts believes price rule exceed utility constitution constrains ability allocate see fit costs ineffective assistance sixth amendment mandates state bear risk constitutionally deficient assistance counsel see murray carrier post procedural default result ineffective assistance counsel sixth amendment requires responsibility default imputed state cuyler supra right counsel prevents conducting trials persons face incarceration must defend without adequate legal assistance see also evitts supra constitutional mandate addressed action state also reject suggestion criminal defendants allowed vindicate federal habeas review right effective assistance counsel counsel primary error failure make timely request exclusion illegally seized evidence evidence typically reliable often probative information bearing guilt innocence defendant stone recognized premise adversary system criminal justice partisan advocacy best promote ultimate objective guilty convicted innocent go free evitts quoting herring new york underlies gives meaning right effective assistance cronic supra never intimated right counsel conditioned upon actual innocence constitutional rights criminal defendants granted innocent guilty alike consequently decline hold either guarantee effective assistance counsel belongs solely innocent attaches matters affecting determination actual guilt furthermore petitioners suggest claim asserted direct review fail want actual prejudice whenever counsel primary error failure make meritorious objection admission reliable evidence exclusion might affected outcome proceeding decline hold scope right effective assistance counsel altered manner simply right asserted federal habeas review rather direct review stone restriction federal habeas review petitioners warn stripped practical effect unless extend sixth amendment claims based principally defense counsel incompetent handling fourth amendment issues petitioners predict every fourth amendment claim fails defaulted state fully litigated federal habeas proceedings sixth amendment guise result many judgments disturbed seem believe prisoner need allege ineffective assistance underlying meritorious fourth amendment claim writ issue state obligated retry without challenged evidence ignores rigorous standard strickland erected claims petitioners forecast simply incorrect order establish ineffective representation defendant must prove incompetence prejudice strong presumption counsel performance falls within wide range professional assistance defendant bears burden proving counsel representation unreasonable prevailing professional norms challenged action sound strategy reasonableness counsel performance evaluated counsel perspective time alleged error light circumstances standard review highly deferential defendant shows prejudiced attorney ineffectiveness demonstrating reasonable probability counsel unprofessional errors result proceeding different see also defendant challenges conviction must show exists reasonable probability absent errors factfinder reasonable doubt respecting guilt determining existence vel non prejudice must consider totality evidence judge jury ibid obvious strickland standard although means insurmountable highly demanding importantly differs significantly elements proof applicable straightforward fourth amendment claim although meritorious fourth amendment issue necessary success sixth amendment claim like respondent good fourth amendment claim alone earn prisoner federal habeas relief habeas petitioners prove strickland denied fair trial gross incompetence attorneys granted writ entitled retrial without challenged evidence summary reject petitioners argument stone restriction federal habeas review fourth amendment claims extended sixth amendment claims founded primarily incompetent representation respect fourth amendment issue state obtains criminal conviction trial accused deprived effective assistance counsel state unconstitutionally deprives defendant liberty cuyler defendant thus custody violation constitution federal courts habeas jurisdiction claim hold federal courts may grant habeas relief appropriate cases regardless nature underlying attorney error iii petitioners also argue respondent satisfied either performance prejudice prong test ineffective assistance counsel set forth strickland address component test turn respect performance component strickland test petitioners contend morrison overcome strong presumption attorney competence established strickland acknowledging said single serious error may support claim ineffective assistance counsel brief petitioners citing cronic petitioners argue mere failure file timely suppression motion alone constitute per se sixth amendment violation maintain record amply reflects trial counsel crafted sound trial strategy iewed entirety counsel pretrial investigation preparation trial performance professionally reasonable brief petitioners footnotes citations omitted agree petitioners view failure file suppression motion constitute per se ineffective assistance counsel disagree petitioners assessment counsel performance strickland explained access counsel skill knowledge necessary accord defendants ample opportunity meet case prosecution entitled quoting adams ex rel mccann counsel duty bring bear skill knowledge render trial reliable adversarial testing process counsel competence however presumed defendant must rebut presumption proving attorney representation unreasonable prevailing professional norms challenged action sound strategy reasonableness counsel performance evaluated counsel perspective time alleged error light circumstances making competency determination keep mind counsel function elaborated prevailing professional norms make adversarial testing process work particular case testing process generally function properly unless defense counsel done investigation prosecution case various defense strategies noted counsel duty make reasonable investigations make reasonable decision makes particular investigations unnecessary observed particular decision investigate must directly assessed reasonableness circumstances applying heavy measure deference counsel judgments ibid trial record case clearly reveals morrison attorney failed file timely suppression motion due strategic considerations first day trial unaware search state intention introduce bedsheet evidence counsel unapprised search seizure conducted pretrial discovery counsel failure request discovery based strategy counsel mistaken beliefs state obliged take initiative turn inculpatory evidence defense victim preferences determine whether state proceeded trial indictment returned viewing counsel failure conduct discovery perspective time decided forgo stage pretrial preparation applying heavy measure deference judgment find counsel decision unreasonable contrary prevailing professional norms justifications morrison attorney offered omission betray startling ignorance law weak attempt shift blame inadequate preparation ounsel duty make reasonable investigations make reasonable decision makes particular investigations unnecessary ibid respondent lawyer neither investigated made reasonable decision investigate state case discovery complete lack pretrial preparation puts risk defendant right ample opportunity meet case prosecution quoting adams supra reliability adversarial testing process see petitioners attempt minimize seriousness counsel errors asserting state case turned far credibility witnesses bedsheet related testimony consequently urge defense counsel vigorous attempts discredit witnesses effort establish different version facts lift counsel performance back realm professional acceptability strickland requires reviewing determine whether light circumstances identified acts omissions outside wide range professionally competent assistance generally appropriate reviewing assess counsel overall performance throughout case order determine whether identified acts omissions overcome presumption counsel rendered reasonable professional assistance since countless ways provide effective assistance given case unless consideration given counsel overall performance trial easy examining counsel defense proved unsuccessful conclude particular act omission counsel unreasonable ibid case however deal total failure conduct pretrial discovery one counsel offered implausible explanations counsel performance trial generally creditable enough suggests better explanation apparent pervasive failure make reasonable investigations make reasonable decision makes particular investigations unnecessary circumstances although failure district appeals examine counsel overall performance inadvisable think omission affect soundness conclusion courts reached counsel performance fell level reasonable professional assistance respects alleged moreover petitioners analysis flawed however use hindsight evaluate relative importance various components state case see fair assessment attorney performance requires every effort made eliminate distorting effects hindsight reconstruct circumstances counsel challenged conduct evaluate conduct counsel perspective time time morrison lawyer decided request discovery ask know state case relative importance witness credibility bedsheet related expert testimony pertinent determination whether respondent prejudiced attorney incompetence sheds light reasonableness counsel decision request discovery therefore agree district appeals assistance rendered respondent trial counsel constitutionally deficient petitioners also argue respondent suffered prejudice attorney failure make timely suppression motion third circuit erred remanding case district determination prejudice strickland standard essence petitioners argument hearing respondent motion bail pending appeal judge presided respondent trial made finding historical fact entitled presumption correctness finding presumed correct petitioners contend dispositive prejudice issue find exists reasonable probability absent morrison attorney errors factfinder reasonable doubt respecting guilt strickland thus petitioners conclude ground remand exists new jersey bail conviction appropriate substantial issue review exists defendant poses threat community rule morrison bail hearing public defender representing informed judge read trial transcript appeal entirely sure grounds morrison appeal tr motion bail pending appeal however argue trial committed two legal errors present substantial issues appellate review specifically counsel contended erred refusing entertain midtrial motion suppress sheet respondent may prejudiced awareness another pending indictment respect decision admit sheet morrison attorney presented accurately characterized argument suggested trial counsel surprised introduction sheet waived pretrial filing requirement suppression motions permitted midtrial motion judge responded argument noting matter sheet tests resulted therefrom obviously important important phases case means obviously important phases case direct testimony victim well testimony witnesses police medical examinations testimony defense testimony defendant sheet one small phase whole case think substantial issue review appellate division cause likely cause reversal agree petitioners statement made judge respondent bail hearing constitutes finding fact subject deference case section provides determination hearing merits factual issue made state competent jurisdiction shall presumed correct unless merits factual dispute resolved state hearing issue respondent places federal habeas courts substantially different issue presented judge bail hearing question federal courts whether reasonable probability exists trial judge reasonable doubt concerning respondent guilt sheet related testimony excluded contrast state called upon simply decide whether argument abused discretion refusing entertain respondent suppression motion midtrial raised substantial issue appeal morrison likely succeed judge asked answer question presently federal courts answer stated sheet important aspect case important aspect find remark tantamount declaration found respondent guilty even sheet related expert testimony admitted saying judge asked whether reasonable doubt concerning morrison guilt sheet related testimony excluded well answered affirmatively without contradicting earlier comment although sheet may important components state case may tipped balance simply know fairly said merits factual dispute regarding existence prejudice resolved bail hearing conclude statements judge regarding relative importance sheet findings fact subject deference respondent also criticizes appeals decision remand redetermination prejudice argues record sufficiently complete enable apply strickland prejudice prong directly facts case urges decline respondent invitation existing record proved adequate application strickland competency standard incomplete respect prejudice evidentiary hearing ever held merits respondent fourth amendment claim state conceded illegality search seizure tr oral arg entitled opportunity establish officer search came within one exceptions recognized fourth amendment prohibition warrantless searches even respondent may unable show absent evidence concerning bedsheet reasonable probability trial judge reasonable doubt guilt respondent make showing matter express view course need hold evidentiary hearing fourth amendment claim judgment appeals affirmed footnotes held last term right effective assistance counsel confined trial extends also first appeal right evitts lucey moreover restriction federal habeas relief established stone powell predicated existence trial direct review opportunity full fair litigation constitutional claim advanced habeas petitioner general comparable meaningful opportunity exists full fair litigation habeas petitioner claims trial direct review made clear stone rested holding prudential rather jurisdictional grounds decision mean federal lacks jurisdiction fourth amendment claim application exclusionary rule limited observed powell alabama layman defendant requires guiding hand counsel every step proceedings emphasis added noted charged crime incapable generally determining whether indictment good bad unfamiliar rules evidence left without aid counsel may put trial without proper charge convicted upon incompetent evidence evidence irrelevant issue otherwise inadmissible lacks skill knowledge adequately prepare defense even though perfect one ibid refer cases defendant alleges actual ineffective assistance rather contexts ineffective assistance presumed counsel either totally absent prevented assisting accused critical stage proceeding see cronic strickland counsel burdened actual conflict interest ibid cuyler sullivan reason believe defense attorneys sandbag consciously default poorly litigate clients fourth amendment claims state hope gaining favorable review claims sixth amendment federal habeas proceedings first virtually inconceivable attorney deliberately invite judgment performance constitutionally deficient order win federal collateral review client second counsel client little anything gain everything lose strategy remembered incompetently litigated defaulted fourth amendment claims lead reversal defendant conviction sixth amendment grounds potentially claims reasonable lawyer forgo competent litigation meritorious possibly decisive claims remote chance deliberate dereliction might ultimately result federal habeas review furthermore attorney chooses default fourth amendment claim also loses opportunity obtain direct review standard chapman california requires state prove defendant prejudiced error defaulting counsel shifts burden defendant prove exists reasonable probability absent attorney incompetence convicted cf comment effective assistance counsel sixth amendment fair trial guarantee chi rev see also smith murray post murray carrier post subsections establish exceptions general rule determinations made state hearing merits factual issue entitled presumption correctness mean suggest comment made judge bail hearing absolutely relevance prejudice inquiry hold remark finding fact subject presumption correctness justice powell chief justice justice rehnquist join concurring judgment agree stone powell bar consideration respondent claim federal habeas corpus conclusion flows logically stone strickland washington difficult question whether admission illegally seized reliable evidence ever constitute prejudice strickland strong argument argument neither raised parties discussed various courts involved case consequently proper course reject petitioners stone powell argument go though appears take course employs unnecessarily broad language may suggest considered resolved broader strickland issue case ante write separately suggestion mistaken also express view relationship stone sixth amendment right effective assistance counsel respondent claim uncomplicated respondent argues trial counsel incompetently failed conduct pretrial discovery counsel conducted discovery known police seized bedsheet respondent apartment without warrant bedsheet contained hair samples matching hair respondent rape victim sheet also contained semen stains matching found victim underpants state introduced bedsheet accompanying expert analysis trial trial judge denied respondent belated motion suppress ground untimely respondent contends sheet excluded fourth amendment grounds suppression motion timely filed thus respondent argues counsel failure conduct discovery led admission evidence damning excludable petitioners attorney general new jersey superintendent rahway state prison argue claim depends violation fourth amendment claim heard federal habeas corpus petitioners argument rests stone powell supra held fourth amendment claims cognizable federal habeas corpus long state provided full fair opportunity litigate claims state properly rejects petitioners argument stone holding derives two propositions neither applies claim ineffective assistance counsel first reasoned stone exclusionary rule exist remedy wrong committed defendant rather deter violations fourth amendment law enforcement personnel second concluded collateral review fourth amendment claims add little exclusionary rule deterrent value entail significant costs relations particularly public interest convicting punishing guilty claims stand different footing strickland makes clear right effective assistance counsel personal defendant explicitly tied defendant right fundamentally fair trial trial determination guilt innocence reliable strickland supra see also cronic right effective assistance counsel recognized sake effect ability accused receive fair trial criminal defendant obtains relief strickland receive windfall contrary reversal defendant conviction necessary ensure fair result strickland supra reason strickland explicitly stated principles governing ineffectiveness claims apply federal collateral proceedings direct appeal motions new trial strickland thus leaves room argument stone indirectly bars claims federal habeas corpus proceedings possible conclude since claimed prejudice admission illegally seized bedsheet respondent claim actually fourth amendment claim barred stone directly strickland teaches right effective assistance counsel ensures defendants fair opportunity contest charges defendant valid claim whenever denied opportunity regardless law counsel error based follows respondent claim must judged sixth amendment claim according standards set forth strickland fourth amendment claim governed stone ii applying strickland respondent must show counsel fell basic standards competence sufficiently prejudiced resulting errors strickland petitioners contend trial counsel errors egregious enough satisfy strickland performance prong addition argue trial judge comments bail hearing constitute factual finding errors prejudicial correctly finds arguments mistaken holding disposes claims petitioners make respect legal standards claims far serious argument petitioners make case addressed respondent sole claim prejudice stems admission evidence concededly reliable although arguably inadmissible mapp ohio progeny parties courts assumed evidence question fact inadmissible reasonable probability use trial affected verdict strickland prejudice prong satisfied cf strickland view assumption justified strickland emphasized claims designed protect defendants fundamental unfairness sixth amendment recognizes right assistance counsel envisions counsel playing role critical ability adversarial system produce results see also benchmark judging claim ineffectiveness must whether counsel conduct undermined proper functioning adversarial process trial relied produced result accordingly cautioned reasonable probability test applied mechanically 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 emphasis added many cases indicate admission illegally seized reliable evidence lead unjust fundamentally unfair verdict held repeatedly evidence ordinarily excluded deterrence reasons relation fairness defendant trial leon stone powell calandra indeed long clear exclusion illegally seized wholly reliable evidence renders verdicts less fair deflects truthfinding process often frees guilty stone powell see also white dissenting noting often consequence exclusion unimpeachable probative evidence kept trier fact function proceedings substantially impaired trial totally aborted thus harm suffered respondent case denial fair reliable adjudication guilt rather absence windfall fundamental fairness trial affected reasoning strickland strongly suggests harm amount prejudicial ineffective assistance counsel sixth amendment common sense reinforces conclusion emphasized last term recognizes today ante premise adversary system criminal justice partisan advocacy sides case best promote ultimate objective guilty convicted innocent go free evitts lucey emphasis added quoting herring new york right effective assistance counsel flows logically premise shake right loose constitutional moorings hold sixth amendment protects criminal defendants errors merely deny defendants windfall case example bedsheet may provided critical evidence respondent guilt evidence whose relevance reliability seriously questioned admission bedsheet thus harmed respondent sense helped factfinder make determination respondent guilt innocence view nothing strickland compels us conclude injury establishes prejudice purposes respondent ineffective assistance claim nevertheless vote reverse appeals neither parties courts considered question raise questions presented petition certiorari encompass aspect strickland application raise issue rhetoric might mistakenly read answer question asked ante decline hold either guarantee effective assistance counsel belongs solely innocent attaches matters affecting determination actual guilt courts litigants deceived pronouncements notwithstanding broad language explicitly recognizes general applicability strickland context discussed parties ante limits holding right effective assistance counsel equally enforceable direct appeal federal collateral review ante thus question whether strickland prejudice encompasses admission reliable illegally obtained evidence remains open one considered remand case agree stone powell govern case concur judgment leave application strickland prejudice prong claims one another day reason petitioners argument respondent claim barred wainwright sykes lacks merit gist argument respondent failed timely raise fourth amendment claim direct appeal thereby forfeited right rely fourth amendment violation collateral review argument ignores fact respondent claim evidence admitted trial violation fourth amendment exclusionary rule rather counsel failure argue together counsel failure conduct pretrial discovery deprived sixth amendment right effective assistance counsel two claims distinct cf cronic cronic held prejudice may presumed kinds extreme circumstances counsel given time prepare defense see discussing powell alabama circumstances defendant effect deprived counsel altogether thereby deprived meaningful opportunity subject state evidence adversarial testing prejudice presumed reason presumed gideon wainwright see chapman california recognizing denial counsel trial never harmless error see amsterdam search seizure section comment rev granted many criminals must go free deter constables blundering pursuance policy liberation beyond confines necessity inflicts gratuitous harm public interest quoted stone powell questions presented ask hether stone powell bars claim ineffective assistance counsel habeas corpus basis claim failure make fourth amendment suppression motion trial whether claim barred wainwright sykes fourth amendment issue preserved trial whether appeals gave sufficient weight certain supposed factual findings state trial judge pet cert