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· 12/19/2018

U.S. Bank Natl. Assn v. Mmco, L. L.C.

Citations

  • 113 N.E.3d 563
  • 2018 Ohio 5085
  • 154 Ohio St. 3d 1457

How courts have described this case

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

  • suggesting that “[njot every defendant whose attorney was deficient must show prejudice,” but if so, a defendant “need only show that his attorneys’ errors were not ‘harmless beyond a reasonable doubt,’ ” citing Chapman
  • finding ineffective assistance where counsel failed to investigate evidence which might be helpful to insanity defense despite knowledge of accused’s mental history and that insanity was the only possible defense
  • in some circumstances, attorneys’ failure to prepare adequate defense vitiates state conviction only if it prejudiced defendant
  • “An attorney does not provide effective assistance if he fails to investigate sources of evidence which may be helpful to the defense.”
  • failure to investigate fully possible defense based on expert opinion requires showing of prejudice before reversal for counsel’s ineffectiveness is appropriate
  • ineffective assistance where attorneys failed to investigate and develop an insanity defense that they had decided was not very strong

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.