Q: How do I cite case law in a 2255 motion to support the grounds raised regarding ineffective assistance of counsel?
I am aware of stricklands two-prong test: deficient performance & prejudice. I have done all the research and have reviewed the record and gathered up what I believe to be enough grounds in filling this claim now just need help identifying any legal precedents that can support my claims and also with writing it ? any tips or guidance ? or am I executing the process incorrectly / getting the steps out of order? and maybe this is why I'm having a hard time ? I'm no lawyer but the appeal attorney on this case isn't compliant and my loved one is facing a lengthy sentence on an attempted charge and I won't go into detail but I'm open to any guidance other than "consulting an appellate lawyer". I am indigent and so is my loved one hence my request for some type of good professional advice and i say this with all due respect to each and every public defender in all jurisdictions and all practices. i have until November 7th to post this motion so really November 1st thank you god bless
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A:
When citing case law in your 2255 motion, start with key precedents that support both prongs of Strickland’s test. For deficient performance, reference Strickland v. Washington, 466 U.S. 668 (1984), which established the framework. Include cases like Anderson v. Washington, 325 U.S. 724 (1945), to illustrate examples of inadequate counsel. For prejudice, use **United States v. Cronic**, 466 U.S. 648 (1984), demonstrating how deficient performance must have impacted the outcome.
Organize your motion clearly by first outlining the deficient performance, then showing how it prejudiced the case. Use proper legal citation format, such as “Case Name, Volume U.S. Page (Year).” Ensure each precedent directly supports a specific point in your argument. Highlight how your situation aligns with these cases to strengthen your claims.
Review your motion for clarity and coherence, making sure each section flows logically. Include a summary that ties together your legal arguments and precedents. Meeting your deadline is crucial, so prioritize the most relevant cases and ensure all citations are accurate. Good luck with your submission, and stay focused on presenting a strong, organized argument.
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