context: Although state court findings of fact made in the course of deciding an ineffectiveness claim are subject to deference ... and although district court findings are subject to the clearly erroneous standard ..., both the performance and prejudice components of the ineffectiveness inquiry are mixed questions of law and fact." While making clear that ineffectiveness questions are "mixed," this announcement in no way clarifies the appropriate standard of review. Indeed, other state courts have been struggling with this very question and reaching different results.
citation_a.signal: see
citation_a.identifier: 741 N.E.2d 697, 699-700
citation_a.parenthetical: supporting a deferential standard of review: "We will reverse a negative judgment after a non-jury trial only if 'the evidence as a whole leads unerringly and unmistakably to a decision opposite that reached by the postconviction court.' "
citation_a.sentence: See, e.g., Coleman v. State, 741 N.E.2d 697, 699-700 (Ind.2000) (supporting a deferential standard of review: “We will reverse a negative judgment after a non-jury trial only if ‘the evidence as a whole leads unerringly and unmistakably to a decision opposite that reached by the postconviction court.’ ”); State v. Gill, 967 S.W.2d 540, 542 (Tex.App.1998) (noting that court reviews Strickland standards “through the prism of an abuse of discretion standard”); but see State v. Rice, 261 Kan. 567, 932 P.2d 981, 1005 (1997) (holding that the appellate standard of review of ineffectiveness claim is de novo).
citation_b.signal: but see
citation_b.parenthetical: holding that the appellate standard of review of ineffectiveness claim is de novo
citation_b.sentence: See, e.g., Coleman v. State, 741 N.E.2d 697, 699-700 (Ind.2000) (supporting a deferential standard of review: “We will reverse a negative judgment after a non-jury trial only if ‘the evidence as a whole leads unerringly and unmistakably to a decision opposite that reached by the postconviction court.’ ”); State v. Gill, 967 S.W.2d 540, 542 (Tex.App.1998) (noting that court reviews Strickland standards “through the prism of an abuse of discretion standard”); but see State v. Rice, 261 Kan. 567, 932 P.2d 981, 1005 (1997) (holding that the appellate standard of review of ineffectiveness claim is de novo).