At the Edge of Objectivity: The Missouri Court of Appeals’ Deference to a Seemingly Subjective Assessment of Prejudice Under Strickland

Authors

Bradley J. Isbell

Abstract

Strickland v. Washington is often heralded as one of the most important criminal procedure cases of the last century. The opinion created a two-prong framework for analyzing a post-conviction relief claim of ineffective assistance of counsel: performance and prejudice. The focus of this Note is the prejudice prong, specifically when the post-conviction court is the same court that presided over a defendant’s trial or sentencing.

Recommended Citation

Bradley J. Isbell, At the Edge of Objectivity: The Missouri Court of Appeals’ Deference to a Seemingly Subjective Assessment of Prejudice Under Strickland, 86 Mo. L. Rev. (2021)
Available at: https://scholarship.law.missouri.edu/mlr/vol86/iss3/9