Prong One Explained
Hi, I’m Oklahoma City Attorney Aaron Easton, and this is part three in a five-part series discussing the ineffective assistance of counsel and how that interplays with a petitioner’s right to appeal for post-conviction relief after they’ve been convicted of a crime in the state of Oklahoma.
And the first part of the video, we discuss the fact that every Oklahoma citizen, every United States citizen, has the constitutional right to receive the effective assistance of counsel under the Sixth Amendment of the U.S. Constitution. Under part two, we talked about the fact that the United States Supreme Court case of Strickland v. Washington gives a two-prong test that petitioners must meet in order to receive post-conviction relief.
And for video three and video four, we’re going to talk about those two prongs separately because that’s really the meat, the substance of how you can get the relief that you seek. And today I want to just talk briefly about the first prong under Strickland, which is counsel’s representation fell below an objective standard of reasonableness. And so what does that mean?
Understanding the First Prong: Falling Below an Objective Standard of Reasonableness
The Oklahoma Court of Criminal Appeals has told us what that means. What they have said is that in an ineffective assistance of counsel claim, the petitioner must show, must prove that the counsel exercised or did not exercise the skill, judgment, and diligence of a reasonably competent defense attorney in light of his overall performance.
And the court has also said that the Oklahoma rules of professional conduct are, quote, pertinent to any discussion of attorney conduct when the rules touch on subjects raised in a claim of ineffectiveness. So what that tells us, A, as mentioned before, it is an objective standard, not a subjective standard for your case specifically, but the court will look at what is expected of attorneys and what the Court of Criminal Appeals quotes that I just read were, what they show is that they really look to a local basis.
What do attorneys in this day and age, in this area, what are they expected to do? What are the skills they’re expected to show, the judgment they’re expected to give? And did they follow and fall within that criteria of the rules of professional conduct?
Speak to an Attorney about Your Case and Explore Your Options
If you feel like you’re in a situation where you’ve been convicted of a crime partially due to the ineffective assistance of your trial or appellate counsel, you may be a candidate to get post-conviction relief. To speak to somebody about the specifics of your case, you’re going to want to speak to an attorney privately, confidentially, and you can have a initial consultation with an attorney at my firm, and you can reach us at 405-888-5400 or online at postconviction.lawyer.