Study for the MBE Critical Pass Test. Enhance your knowledge with flashcards and multiple choice questions. Prepare thoroughly for your exam with detailed hints and explanations.

Multiple Choice

To prevail on an ineffective assistance claim on appeal, what must the defendant show?

The essential idea is the prejudice requirement from Strickland. To prevail on an ineffective assistance claim on appeal, you must show a reasonable probability that the trial’s outcome would have been different if counsel had performed adequately. “Reasonable probability” means a real, substantial chance—not just a possible or speculative one—that the result would change without the deficient performance. The claim hinges on this causal link: defective performance must affect the likelihood of the verdict or sentence. If counsel’s performance was flawed but there’s no showing that the outcome would likely be different, relief isn’t available. The other options miss this critical causal connection: merely arguing that performance was unreasonable or that the conviction is unconstitutional doesn’t satisfy the required showing of a different outcome.

The essential idea is the prejudice requirement from Strickland. To prevail on an ineffective assistance claim on appeal, you must show a reasonable probability that the trial’s outcome would have been different if counsel had performed adequately. “Reasonable probability” means a real, substantial chance—not just a possible or speculative one—that the result would change without the deficient performance. The claim hinges on this causal link: defective performance must affect the likelihood of the verdict or sentence.

If counsel’s performance was flawed but there’s no showing that the outcome would likely be different, relief isn’t available. The other options miss this critical causal connection: merely arguing that performance was unreasonable or that the conviction is unconstitutional doesn’t satisfy the required showing of a different outcome.