Got something to say to this podcast? Send a voicemail, and you might hear yourself on the next episode!

Strickland v. Washington, 466 U.S. 668 (1984)

Full notes and cites: https://opinion-of-the-court.pages.dev/ep/080-strickland-v-washington

Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep466/usrep466668/usrep466668.pdf

Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.

David Washington committed three brutal murders in Florida in 1976, confessed, and pleaded guilty against his lawyer's advice. At sentencing, his lawyer, overwhelmed by hopelessness, did little to investigate or present mitigating evidence about his character or mental state. Washington was sentenced to death, and later argued he had been denied the effective assistance of counsel.

Justice O'Connor, for the Court, set out the two-part test used ever since. A defendant must show that counsel's performance was deficient, falling below an objective standard of reasonableness, and that the deficiency prejudiced the defense, meaning a reasonable probability that, but for counsel's errors, the result would have been different. Courts must be highly deferential to strategic choices. Washington's claim failed.

Justice Brennan concurred in part. Justice Marshall dissented, calling the standard so malleable as to be useless. Washington was executed in 1984. Strickland claims are among the most frequently litigated in all of criminal law.

Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.

Cases named aloud

- Washington v. State, 362 So.2d 658 (Fla. 1978) at 663-664 (quoting trial court findings) [as printed: Washington v. State, 362 So. 2d 658, 663-664 (Fla. 1978) (quoting trial court findings); Opinion of the Court (Justice O’Connor)] (episode link pending)

- Knight v. State, 394 So.2d 997 (1981) [as printed: Knight v. State, 394 So. 2d 997 (1981); Opinion of the Court (Justice O’Connor)] (episode link pending)

- Washington v. State, 397 So.2d 285 (1981) [as printed: Washington v. State, 397 So. 2d 285 (1981); Opinion of the Court (Justice O’Connor)] (episode link pending)

- Rose v. Lundy, 455 U.S. 509 (1982) [as printed: Rose v. Lundy, 455 U. S. 509 (1982); Opinion of the Court (Justice O’Connor)] (episode link pending)

- 648. With the exception of Cuyler v. Sullivan, 446 U.S. 335 (1980) [as printed: 648. With the exception of Cuyler v. Sullivan, 446 U. S. 335 (1980); Opinion of the Court (Justice O’Connor)] episode

- Trapnell v. United States, 725 F.2d 149 (CA21983) at 151-152 [as printed: Trapnell v. United States, 725 F. 2d 149, 151-152 (CA21983); Opinion of the Court (Justice O’Connor)] (episode link pending)

- United States v. Agurs, 427 U.S. 97 (1976) [as printed: United States v. Cronic, supra; Opinion of the Court (Justice O’Connor)] (episode link pending)

- Knight v. State, 394 So. 2 [as printed: Knight v. State, 394 So. 2; Opinion of the Court (Justice O’Connor)] (episode link pending)

- United States v. Decoster, 199 U.S.App.D.C. 359 at 454-457 (en banc) [as printed: United States v. Decoster, 199 U. S. App. D. C. 359, 454-457, 624 F. 2d 196, 291-294 (en banc); Dissent (Justice Marshall)] (episode link pending)

(+30 more named aloud; see the website)

Full list of 185 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/080-strickland-v-washington