Opinion of the Court
ple, 8 of the 10 Federal Courts of Appeals to have considered the question have applied Flores-Ortega’s presumption of prejudice even when a defendant has signed an appeal waiver.[1] 162 Idaho, at 795, 405 P. 3d, at 580.
We granted certiorari to resolve the split of authority. 585 U. S. ___ (2018). We now reverse.
II
A
The Sixth Amendment guarantees criminal defendants “the right… to have the Assistance of Counsel for [their] defence.” The right to counsel includes “ ‘the right to the effective assistance of counsel.’ ” Strickland v. Washington, 466 U. S. 668, 686 (1984) (quoting McMann v. Richardson, 397 U. S. 759, 771, n. 14 (1970)). Under Strickland, a defendant who claims ineffective assistance of counsel must prove (1) “that counsel’s representation fell below an objective standard of reasonableness,” 466 U. S., at 687–688, and (2) that any such deficiency was “prejudicial to the defense,” id., at 692.
“In certain Sixth Amendment contexts,” however, “prejudice is presumed.” Ibid. For example, no showing of prejudice is necessary “if the accused is denied counsel at a critical stage of his trial,” United States v. Cronic, 466
- ↑ Compare Campbell v. United States, 686 F. 3d 353, 359 (CA6 2012); Watson v. United States, 493 F. 3d 960, 964 (CA8 2007); United States v. Poindexter, 492 F. 3d 263, 273 (CA4 2007); United States v. Tapp, 491 F. 3d 263, 266 (CA5 2007); Campusano v. United States, 442 F. 3d 770, 775 (CA2 2006); Gomez-Diaz v. United States, 433 F. 3d 788, 791–794 (CA11 2005); United States v. Sandoval-Lopez, 409 F. 3d 1193, 1195–1199 (CA9 2005); United States v. Garrett, 402 F. 3d 1262, 1266–1267 (CA10 2005), with Nunez v. United States, 546 F. 3d 450, 455 (CA7 2008); United States v. Mabry, 536 F. 3d 231, 241 (CA3 2008). At least two state courts have declined to apply Flores-Ortega in the face of appeal waivers. See Buettner v. State, 382 Mont. 410, 363 P. 3d 1147 (2015) (Table); Stewart v. United States, 37 A. 3d 870, 877 (D. C. 2012); see also Kargus v. State, 284 Kan. 908, 922, 928, 169 P. 3d 307, 316, 320 (2007).
