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Home / Opinion Digests / Criminal Law / Counsel deficient, but defendant not prejudiced (access required)

Counsel deficient, but defendant not prejudiced (access required)

Defendant Kearns filed a petition for habeas relief, alleging ineffective assistance of counsel. The court held that, while his counsel was deficient, Kearns had not demonstrated prejudice. As such, it dismissed his habeas petition. Background Lee Allen Kearns was guilty of grand larceny and larceny with the intent to sell or distribute. Kearns was sentenced to a ...