Victor Dennis Marzullo v. State of Maryland

BUTZNER, Circuit Judge:

Victor D. Marzullo’s appeal from the denial of his application for a writ of habeas corpus raises this question: What is the appropriate standard for determining when criminal defendants have been denied their constitutional right to the effective assistance of counsel? We conclude that the standard applied by the district court is no longer acceptable, and that properly tested, the representation Marzullo received was ineffective.

I

In considering whether Marzullo had been denied effective assistance of counsel, the district court applied the standard set forth in Root…