No. 24-5180

Lemuel S. Whiteside v. Arkansas

Lower Court: Arkansas
Docketed: 2024-07-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa criminal-procedure cumulative-error habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing-review strategic-decision-making strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2024-09-30
Question Presented (from Petition)

WHETHER THE ARKANSAS COURTS APPLIED AN INCORRECT STANDARD FOR RESOLVING PETITIONER WHITESIDE'S CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL IN SENTENCING BY REQUIRING PROOF THAT ANY INDIVIDUAL ACT OF DEFICIENT PERFORMANCE MUST SATISFY THE PREJUDICE PRONG OF STRICKLAND v. WASHINGTON, 466 U.S. 668 (1984), RATHER THAN CONSIDERING, CUMULATIVELY, THE PROBABLE PREJUDICE ATTRIBUTABLE TO COUNSEL'S MULTIPLE ERRORS OR DEFICIENCIES IN PERFORMANCE IN ASSESSING THE TOTALITY OF COUNSEL'S REPRESENTATION.

A. WHETHER STRICKLAND PERMITS CHARACTERIZATION OF PERFORMANCE DEFICIENCIES BY COUNSEL AS MATTERS OF STRATEGIC DECISION-MAKING WHEN COUNSEL ADMITS THAT ALTERNATIVE STRATEGIES WERE NEVER RECOGNIZED OR GIVEN CONSIDERATION.

B. WHETHER DETERMINATION OF PRECEDENT CONTROLLING FEDERAL HABEAS CORPUS REVIEW OF STATE PETITIONER'S CLAIMS PURSUANT TO STRICKLAND IS ALTERED BY AEDPA.

Question Presented (AI Summary)

Whether the Arkansas courts applied an incorrect standard for resolving petitioner Whiteside's claims of ineffective assistance of counsel in sentencing,

Docket Entries

2024-10-07
Petition DENIED.
2024-08-29
DISTRIBUTED for Conference of 9/30/2024.
2024-08-22
Waiver of right of respondent State of Arkansas to respond filed.
2024-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2024)

Attorneys

Lemuel Whiteside
J. Thomas Sullivan — Petitioner
State of Arkansas
Dylan Leslie JacobsArkansas Attorney General's Office, Respondent