Cited by

¶ 19 (2012) ( ¶ 17 (2006)).

¶ 23 (2006), she argues the court erred by not instructing the jury that to prove felony murder by child abuse based on a failure to obtain medical treatment, the State must prove beyond a reasonable doubt that the "[victim's] death 'would not have happened' without [defendant's] delay in seeking medical attenti

2 STATE v. ALVARADO Decision of the Court ¶5 A defendant states a colorable claim of ineffective assistance of counsel by showing “both that counsel’s performance fell below objectively reasonable standards and that this deficiency prejudiced the defendant.” ¶ 21 (2006).

To merit an evidentiary hearing on an ineffective assistance claim, “a defendant must show both that counsel’s performance fell below objectively reasonable standards and that this deficiency prejudiced the defendant.” ¶ 21 (2006) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984), superseded by statute on other grounds, Antiterrorism and Effective Death Penalty Act of 1996, Pub.

¶13 To establish a colorable claim that defense counsel provided ineffective assistance, “a defendant must show both that counsel’s performance fell below objectively reasonable standards and that this deficiency prejudiced the defendant.” ¶ 21 (2006).

“To state a colorable claim of ineffective assistance of counsel, a defendant must show both that counsel’s performance fell below objectively reasonable standards and that this 2 STATE v. PALAZZETTI Decision of the Court deficiency prejudiced the defendant.” ¶ 21 (2006) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984)).

¶5 To merit an evidentiary hearing on an ineffective assistance of counsel claim, “a defendant must show both that counsel’s performance fell below objectively reasonable standards and that this deficiency prejudiced the defendant.” ¶ 21 (2006) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984)).

Strickland v. Washington, 466 U.S. 668, 687–88 (1984); ¶ 21 (2006).

Strickland v. Washington, 466 U.S. 668, 688 (1984); ¶ 21 (2006).

¶ 19 (2012) ( ¶ 17 (2006)).

¶ 24 (2006) (noting only evidence presented to show defendant failed to promptly seek medical treatment for her son was the treating physician who speculated that the victim “may or may not have benefited from earlier medical treatment”); ¶¶ 20–22 (App. 2007) (noting th

State v. Bennett , , ¶ 21, ; see also Strickland v. Washington , 466 U.S. 668 , 687, 104 S.Ct.

“To state a colorable claim of ineffective assistance of counsel, a defendant must show both that counsel’s performance fell below objectively reasonable standards and that this deficiency prejudiced the defendant.” ¶ 21 (2006) (citation omitted).

Sec., ¶¶ 13–14 (App. 2007) (quoting Strickland v. Washington, 466 U.S. 668, 696 (1984)).2 We presume Mother's counsel provided competent assistance, ¶ 22 (2006), and Mother must prove that her counsel's conduct fell below the standard of professional competence and demonstrate a reasonable probability that "but for counsel's errors, the result would have been different."

We review the summary dismissal of a post-conviction relief proceeding for an abuse of discretion, ¶ 17 (2006) (), and will affirm “on any basis supported by the record,” (citing M. Udall & J. Livermore, Law of Evidence § 13, at 22 (2d ed. 1982)).

¶ 21 (2006); Strickland v. Washington, 466 U.S. 668, 688 (1984).