Brief of National Association of Criminal Defense Lawyers (NACDL) as Amicus Curiae in Support of Petitioner-Appellant.
Argument: Walters’ counsel’s utter failure to communicate constructively denied him counsel so prejudice should be presumed. Alternatively, Mr. Walters established prejudice under Strickland and Frye resulting from his counsel’s pervasive neglect. There is a reasonable probability that the favorable March plea offer would have been accepted and entered if counsel had communicated with Mr. Walters. If Mr. Stanley’s deficient performance is instead viewed as a series of separate errors, Strickland compels a cumulative consideration of prejudice.