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Smith v. State

Citations

  • 991 A.2d 1169
  • 2010 Del. LEXIS 143
  • 2010 WL 1224887

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding trial counsel’s failure to request specific instruction on accomplice testimony amounted to “deficient performance” under the first prong of Strickland
  • “A reasonably competent attorney patently is required to know the state of the applicable law.” (quoting Everett v. Beard, 290 F.3d 500, 509 (3d Cir. 2002))
  • “In Strickland, the court expressed a strong preference that lower courts should, if possible, decide claims of ineffective assistance of counsel by first deciding if there was any ‘prejudice’ which resulted from the alleged deficient performance.” (Emphasis added.)
  • \ ‘There is no reasonable trial strategy for failing to request the cautionary accomplice testimony instruction and corroboration instruction. ... We cannot envision an advantage which could have been gained by withholding a request for th[ese] instruction[s].' \

Source: CourtListener parenthetical corpus (CC0).

Judges: Steele, Holland, Berger, Jacobs, Ridgely

Read full opinion on CourtListener

Cited by

13 cases in this archive cite this case.

Cites

16 cases in this archive are cited by this case.

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