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Petition of the day

The petition of the day is:

16-240

Issue: Whether a defendant asserting ineffective assistance that results in a structural error must, in addition to demonstrating deficient performance, show that he was prejudiced by counsel’s ineffectiveness, as held by four circuits and five state courts of last resort; or whether prejudice is presumed in such cases, as held by four other circuits and two state high courts.

Recommended Citation: Kate Howard, Petition of the day, SCOTUSblog (Sep. 16, 2016, 11:19 PM), https://www.scotusblog.com/2016/09/petition-of-the-day-990/