Trial strategy sometimes backfires, but that’s not ineffective assistance

Prosecution and Procedure

By David J. Robinson

David J. Robinson is a lawyer, adjunct professor, author and chief deputy director for the State’s Attorneys Appellate Prosecutor.

Posted September 7, 2021 11:02 AM

On July 8, this column pointed out that reviewing courts in Illinois routinely note that defense counsel is presumed to have rendered adequate representation when his representation is claimed to be ineffective.That article also noted, however, that this presumption is not the standard outlined in Strickland v. Washington, 466 U.S. 688 (1984). Rather, in Strickland, the Supreme Court cautioned that “the court should recognize that counsel is strongly presumed to have rendered adequate assistance and made all significant …

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