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United States Leading Case uncategorised

Strickland v Washington

466 U.S. 668 (1984)
JurisdictionUnited States
CourtUS Supreme Court
Year1984
StatusBinding authority

Summary

Sixth Amendment ineffective assistance of counsel requires showing both deficient performance and prejudice, i.e. reasonable probability that outcome would have differed.

Key Principle

Sixth Amendment; ineffective assistance of counsel; deficient performance plus prejudice; reasonable probability of different outcome

Area of Law

criminal

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Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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