No. 22-6694

Abdiraham Haji-Hassan v. Maine

Lower Court: Maine
Docketed: 2023-02-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alternative-suspect-theory due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining postconviction postconviction-review presumption professional-assistance reasonable-professional-assistance strickland-standard
Key Terms:
HabeasCorpus
Latest Conference: 2023-03-03
Question Presented (from Petition)

Whether the state postconviction court misapplied Strickland v. Washington, 466 U.S. 668
(1984), by applying its "strong presumption of reasonable professional assistance " to a watereddown version of petitioner 's ineffective assistance of counsel claim when the actual claim would
arguably rebut the presumption.

Whether in denying petitioner 's claim that he received ineffective assistance of counsel when he
was told by his lawyers that he stood a fair chance of success at trial, which caused him to
decline an offer to plead down to manslaughter, the court misapplied Lafler v. Cooper, 566 U.S.
156 (2012), by not factoring into its assessment of the reasonableness of the advice that counsel
had given up on the most compelling part of their alternative suspect case.

Question Presented (AI Summary)

Whether the state postconviction court misapplied Strickland-v-Washington

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2023-02-09
Waiver of right of respondent Maine to respond filed.
2022-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2023)

Attorneys

Abdiraham Haji-Hassan
Abdiraham Haji-Hassan — Petitioner
Maine
Donald William MacomberMaine Office of Atty. Gen., Respondent