· 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).
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.