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Source Sixth Amendment Counsel Delaware Bar Exam Topic Index Matched to this deck.

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Defense counsel never tells the defendant about a written plea offer that would have produced a much shorter sentence than the sentence imposed after trial.
Which statement best describes the Sixth Amendment analysis?

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The prosecution's plea offer is irrelevant to Sixth Amendment analysis. A defendant proves prejudice merely by saying after conviction that he dislikes the sentence. Counsel performs deficiently by failing to communicate a formal plea offer, and prejudice can be shown if the defendant likely would have accepted a favorable offer that the prosecution and court likely would have allowed. Counsel may ignore a formal offer if counsel thinks trial strategy is better.

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