Weaver v. Palmateer, __ F.3d __ (9th Cir. July 17, 2006) ("In assessing prejudice [from allegedly ineffective assistance], we do not ask what a defendant might have done had he benefited from clairvoyant counsel;" telling defendant that while he technically could receive probation but probably would not was prudent advice. (Cf, Iaea v. Sunn, 800 F.2d 861, 863-65 (9th Cir. 1986) [ineffective assistance where attorney grossly mischaracterized probable sentence by suggesting, on several occasions, that defendant had "a good chance" of receiving probation and that the chance of an extended sentence was "almost zero," and yet defendant received life sentence]).

jurisdiction: 
Ninth Circuit

 

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