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N.D. Ill.: IAC does not mean that defendant failed to get the "best defense"

By John Wesley Hall, Jr.

Defense counsel is not ineffective for not being the best possible criminal defense lawyer. "the Constitution does not ensure that every defendant receives the benefit of superior advocacy--how could it, given that half of all lawyers are below average?" Hale v. United States, 2010 U.S. Dist. LEXIS 73604 (N.D. Ill. July 22, 2010): With this in mind, although Hale has broken his argument into nine "instances" of ineffective assistance (nearly every instance consisting of several different allegations of error), one overarching theme permeates almost every allegation in one way or another. This makes an overall comment on that theme appropriate, that is, a look at the forest before getting lost in the trees. The theme, stated as the first "instance" of ineffective assistance (with six sub-allegations of error), is that, with respect to Hale's conviction on the solicitation count in violation of 18 U...continue to full post

Full post as published by Law Of Criminal Defense on July 25, 2010 (boomark / email).