In any claim of ineffective assistance of trial counsel, the burden is upon the defendant to demonstrate that, in light of all the circumstances, counsel's performance was not objectively reasonable — i.e., "within the range of competence demanded of attorneys in criminal cases." State v. Kahalewai, 54 Haw. 28, 30, 501 P.2d 977, 979 (1972) (quoting McMann v. Richardson, 397 U.S. 759, 771 (1970)). In State v. Antone, we set forth a two-part test requiring defendant to show "specific errors or omissions . . . reflecting counsel's lack of skill, judgment, or diligence[,]" and that "these errors or omissions resulted in either the withdrawal or substantial impairment of a potentially meritorious defense."

The standard for determining the adequacy of counsel's representation is whether, viewed as a whole, the assistance provided is "within the range of competence demanded of attorneys in criminal cases." State v. Kahalewai, 54 Haw. 28, 30, 501 P.2d 977, 979 (1972) quoting McMann v. Richardson, 397 U.S. 759, 771 (1970); accord, State v. Rivera, 62 Haw. 120, 612 P.2d 526 (1980); State v. McNulty, 50 Haw. 259, 588 P.2d 438 (1978). Counsel's assistance need not be errorless nor will it be judged ineffective solely by hindsight.

13 Haw. Const, art I, § 14. The constitutional right to the assistance of counsel is satisfied “only when such assistance is ‘effective.’” State v. Kahalewai, 54 Haw. 28 , 30, 501 P.2d 977 , 979 (1972) (internal citations omitted). A counsel’s effectiveness is not determined only by what happens at trial, and a court may find a counsel’s assistance is ineffective if counsel failed to conduct adequate pretrial investigations.

But this right "cannot be satisfied by mere formal appointment," Avery v. Alabama, 308 U.S. 444, 446 (1940), for "the assistance of counsel . . . guaranteed by the United States and Hawaii Constitutions `is satisfied only when such assistance is "effective."'" State v. Morishige, 65 Haw. 354, 369, 652 P.2d 1119, 1130 (1982), quoting State v. Kahalewai, 54 Haw. 28, 30, 501 P.2d 977, 979 (1972); see McMann v. Richardson, 397 U.S. 759, 771 n. 14 (1970) ("the right to counsel is the right to the effective assistance of counsel"). When a denial of this right is raised, the question is "whether, viewed as a whole, the assistance provided [the defendant was] `within the range of competence demanded of attorneys in criminal cases.' State v. Kahalewai, 54 Haw. 28, 30, 501 P.2d 977, 979 (1972) quoting McMann v. Richardson, 397 U.S. 759, 771, 90 S.Ct. 1441, 1449, 25 L.Ed.2d 763 (1970)."

The right to the assistance of counsel in a criminal case guaranteed by the United States and Hawaii Constitutions "is satisfied only when such assistance is `effective'." State v. Kahalewai, 54 Haw. 28, 30, 501 P.2d 977, 979 (1972); see Reece v. Georgia, 350 U.S. 85, 90 (1955); Glasser v. United States, 315 U.S. 60, 69-70 (1942); Avery v. Alabama, 308 U.S. 444, 446 (1940); Powell v. Alabama, 287 U.S. 45, 57 (1932). That this right to effective counsel extends to a defendant pleading guilty to felony charges is also clear.

Appellant's final contention is that he was denied the effective assistance of counsel at his trial inasmuch as his appointive counsel's ignorance of the relevant case law resulted in the jury being erroneously instructed as to the law of self-defense and inasmuch as counsel knowingly failed to adduce admissible evidence crucial to and supportive of the appellant's defense of justification. In State v. Kahalewai, 54 Haw. 28, 501 P.2d 977 (1972), we stated that in order to establish inadequacy of counsel the appellant must demonstrate that his counsel's actions at trial were both unreasonable and the result of constitutionally inadequate preparation rather than informed judgment. 54 Haw. at 32, 501 P.2d at 980.

The standard for determining the adequacy of counsel's representation is whether, viewed as a whole, the assistance provided is "within the range of competence demanded of attorneys in criminal cases." State v. Kahalewai, 54 Haw. 28, 30, 501 P.2d 977, 979 (1972), quoting McMann v. Richardson, 397 U.S. 759, 771 (1970); accord, State v. Rivera, 62 Haw. 120, 612 P.2d 526 (1980); State v. McNulty, 60 Haw. 259, 588 P.2d 438 (1978). Counsel's assistance need not be errorless nor will it be judged ineffective solely by hindsight.

"The constitutional right to the assistance of counsel in a criminal case ... is satisfied only when such assistance is 'effective.' " State v. Kahalewai, 54 Haw. 28, 30, 501 P.2d 977, 979 (1972) (quoting Powell v. Alabama, 287 U.S. 45, 71, 53 S.Ct. 55, 77 L.Ed. 158 (1932) ). This court has recognized that "effective" counsel means "counsel whose assistance is 'within the range of competence demanded of attorneys in criminal cases.

"A primary requirement is that counsel must `conduct careful factual and legal investigations and inquiries with a view to developing matters of defense in order that he may make informed decisions on his client's behalf;' . . . both at pretrial proceedings . . . and at trial." State v. Kahalewai, 54 Haw. 28, 30-31, 501 P.2d 977, 979-80 (1972) (citations omitted). Aplaca's trial counsel conceded that he made an error in not investigating the case other than subpoenaing materials from the facility, and acknowledged that he should have done more to emphasize the credibility issues involved in the case.

This right to counsel does not mean "`errorless counsel, and not counsel judged ineffective by hindsight, but counsel reasonably likely to render and rendering reasonably effective assistance.'" Brubaker v. Dickson, 310 F.2d 30, 37 (9th Cir. 1962); State v. Kahalewai, 54 Haw. 28, 30, 501 P.2d 977, 979 (1972). In assessing a claim of ineffective assistance, this court will look to the entire record and a conviction will not be set aside on this ground where there is no factual basis for the claim.