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In re C.B., 245 N.C. App. 197 (2016)

Held:

Affirmed

There is a dissent

based on an insufficient record to determine the issue.

A successful ineffective assistance of counsel claim requires a parent to show (1) the attorney’s performance was deficient, and (2) the deficient performance was so serious that it deprived the parent of a fair hearing. Respondent mother claimed IAC because her attorney did not review her daughter’s medical records or subpoena the hospital social worker and psychiatrist. Respondent mother failed to meet her burden to prove IAC as the attorney’s conduct did not fall below an objective standard of reasonableness and there was not a reasonable probability that there would have been a different result. DSS presented “overwhelming” evidence to support the adjudications of both children.

Category:

Abuse, Neglect, Dependency

Stage:

Appointment of Counsel

Topic:

Ineffective Assistance of Counsel

Tags:

Click on a term below for additional case summaries tagged with the same term.

burden of proof