(B)  Duty to Anticipate Changes in the Law.  Counsel must also anticipate reasonable changes in the law, especially those developments that are “in the pipeline” at the time the alleged error occurred.  Where the law has changed since the time of counsel’s representation, it may be helpful to consult retroactivity case law that discusses whether judicial decisions are considered to be “new law” or mere extensions of existing law.[116]  The test under federal law is whether a court would feel compelled by existing precedent to conclude that the rule was mandated at the time of the error,[117] or whether the rule “‘breaks new ground,’ ‘imposes a new obligation on the States or the Federal Government,’ or ‘was not dictated by precedent existing at the time the defendant’s conviction became final.’”[118]  If the change in law is not considered a “new rule” under this standard, counsel should be charged with its knowledge and found deficient for a failure to research.  See § 6.15, infra.

[116] See Teague v. Lane, 489 U.S. 288 (1989); see, e.g., People v. Guerra, 37 Cal.3d 385, 399, 208 Cal.Rptr. 162, 690 P.2d 635 (1984).

[117] Saffle v. Parks, 494 U.S. 484, 488 (1990).

[118] Snook v. Wood, 89 F.3d 605, 612 (9th Cir. 1996).

Ninth Circuit

POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - PLEA NEGOTIATIONS - ERRONEOUS ADVICE TO REJECT PLEA BARGAIN BASED ON FAILURE TO RESEARCH THE LAW
Hoffman v. Arave, 455 F.3d 926 (9th Cir. 2006) (counsel ineffective by giving incompetent advice regarding prosecutions plea offer; counsel failed to be fully aware of state of the law in advising defendant whether to accept offer).

COUNSEL - INEFFECTIVE ASSISTANCE - MISADVICE
Sophanthvong v. Palmateer, ___ F.3d ___ (9th Cir. April 12, 2004) (Counsel not required to predict accurately how courts will resolve disputed issues; advice was at most "mere incorrect prediction" of application of statute and did not amount to "gross mischaracterization of the likely outcome" of plea bargain or trial; Strickland requires only objectively reasonable advice under prevailing professional norms).