No. 20-7918

Jasper Pollini v. Amy Robey, Warden

Lower Court: Sixth Circuit
Docketed: 2021-05-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-counsel habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel lockhart-v-fretwell sixth-amendment sixth-circuit-review smith-v-robbins strickland-standard strickland-v-washington
Latest Conference: 2021-06-17
Question Presented (from Petition)

1. Whether Lockhart v. Fretwell's suggestion that "mere outcome determination" is not sufficient to establish prejudice under Strickland v. Washington is part of the "clearly established law" governing the state court's ruling, in light of subsequent limiting decisions.

2. If not, whether a state court's denial of an ineffective assistance of appellate counsel claim based on the harmless error standard in effect at the time of the post-conviction action, rather than deciding whether the result of the appeal would be different, is contrary to or an unreasonable application of Strickland v. Washington and Smith v. Robbins.

Question Presented (AI Summary)

Whether Lockhart v. Fretwell's suggestion that 'mere outcome determination' is not sufficient to establish prejudice under Strickland v. Washington is part of the 'clearly established law' governing the state court's ruling, in light of subsequent limiting decisions

Docket Entries

2021-06-21
Petition DENIED.
2021-06-02
DISTRIBUTED for Conference of 6/17/2021.
2021-06-01
Waiver of right of respondent Amy Robey, Warden to respond filed.
2021-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2021)

Attorneys

Amy Robey, Warden
Bryan D. MorrowCommonwealth of Kentucky Office of Attorney General, Respondent
Jasper Pollini
Timothy G. ArnoldPost Trial Division, Petitioner