Defendant's Attorney: Martin L. Wade

Description: Lycoming, Pennsylvania civil rights lawyer represented Plaintiff, who sued Defendants seeking a writ of habeas corpus seeking a newtrial on his convictions for numerous sexual offenses arising from the rape of his step-
daughter, B.H.

Defendant advanced multiple claims including ineffective assistance of counsel.

The Supreme Court has held that part of the right to counsel is a right to effective assistance of counsel. Proving that their lawyer was ineffective at trial is a way for convicts to get their convictions overturned, and therefore ineffective assistance is a common habeas corpus claim. To prove ineffective assistance, a defendant must show (1) that their trial lawyer's performance fell below an "objective standard of reasonableness" and (2) "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland v. Washington, 466 U.S. 668 (1984).

Outcome:
The District Court rejected Plaintiffs claims. Affirmed on appeal.

Plaintiff's Experts:

Defendant's Experts:

Comments: