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Mr. Worth, the judges said, provided ineffective assistance to his client.
They're based in a theory known as "ineffective assistance of counsel".
He sought to overturn the conviction, alleging ineffective assistance of counsel.
It is true, as Duchardt said, that it is common to claim "ineffective assistance of counsel" in challenges against sentence.
They also argued that the appeals court's letters were evidence that their client had received ineffective assistance of counsel.
Claims of ineffective assistance at trial are commonplace even though trials take place under a judge's watchful eye.
Mr. Marshall is the second death row inmate in two weeks to be granted a new sentencing hearing on the grounds of ineffective assistance of counsel.
"The integrity of immigration proceedings depends in part on the ability to assert claims of ineffective assistance of counsel," he said in a statement.
He concluded that far from providing ineffective assistance, the "strategic decisions of Mr Duchardt were well reasoned, as reflected by the record and the oversight of the court".
With qualified and adequately paid representation, cost-effective alternatives to incarceration are identified and fewer convictions are reversed because of ineffective assistance of counsel.
Without a "dream team" that can dissemble the evidence, the best ground of appeal for most people accused of crime may be ineffective assistance of counsel.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com