United States v. Private E1 TREVOR R. FORDYCE

I agree we must return this case for a new post-trial recommendation and action. I conclude we must do so, however, because trial defense counsel provided ineffective assistance during the post-trial process.

Allegations of ineffective assistance are examined under the well-known standard established in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Appellant bears the burden of showing first, that his counsel’s performance was deficient, and second, that his counsel’s deficient performance prejudiced him. Id. at 687, 104 S.Ct. 2052. To prove deficient…