In SURUR v. U. S., decided on November 3, 2016, the Court of Appeals reversed A conviction for attempted possession of drug paraphernalia with intent to sell due to ineffective assistance of counsel and mistaken identity. It was alleged that Ms. Surur was the gas station clerk who sold paraphernalia to an undercover officer. In order to succeed on the ineffective assistance of counsel claim; the defendant must show that counsel’s performance was constitutionally deficient and that this deficient performance prejudiced the defendant. The Court concluded that absent defense counsel’s constitutionally deficient performance by failing to investigate a mistaken-identification defense –
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