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Ineffective Assistance of Counsel Claims: New Uses, New Problems

Abstract

Against a background of the growth of ineffective assistance of counsel claims and the reasons for that growth, this Article explores several areas of the law governing the claim which are still in a state of transition. The author focuses on the new stages of counsel representation to which the claim is being increasingly applied and to the recent development of the claim as one recurringly used to negate the forfeiture of a remedy otherwise resulting from a counsel's failure to assert rights in a timely fashion. Particular attention is given to this latter area in light of the Supreme Court's recent re-emphasis of foreclosure notions in collateral attack litigation.

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19 Ariz. L. Rev. 443 (1977)

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Authors

James A. Strazzella (Temple University)

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