No. 19-7407

Paula Bennett v. Shawn Brewer, Warden

Lower Court: Sixth Circuit
Docketed: 2020-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: closeness-of-case constitutional-deficiency criminal-procedure-ineffective-assistance-of-couns cumulative-errors cumulative-prejudice ineffective-assistance prejudice prejudice-analysis reasonable-likelihood sixth-amendment strickland strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence trial-counsel
Latest Conference: 2020-03-20
Question Presented (from Petition)

1. Whether, under Strickland, a court may conduct a prejudice analysis that focuses solely on the sufficiency of the evidence presented, or must it instead consider the closeness of the case and whether there is a reasonable likelihood the outcome would have been different without counsel's errors.

2. Whether Strickland requires courts to consider the cumulative prejudicial impact of the totality of counsel's errors, as a majority of circuits have held, or instead the prejudice of each of trial counsel's errors in isolation, as held by the remaining minority.

Question Presented (AI Summary)

Whether a court may conduct a prejudice analysis that focuses solely on the sufficiency of the evidence presented, or must instead consider the closeness of the case and likelihood of a different outcome

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-24
Waiver of right of respondent Shawn Brewer, Warden to respond filed.
2019-12-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2020)

Attorneys

Paula Bennett
Melissa Martin SalinasFederal Appellate Litigation Clinic, Petitioner
Shawn Brewer, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent