effective-assistance

45 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6778 Jasim Mohammed Hassi Ramadon v. Colorado Colorado 2026-02-11 Pending Response WaivedIFP constitutional-rights counsel-coercion defendant-testimony effective-assistance structural-error trial-procedure 1. When a defendant is prevented from testifying due to counsels' coercive actions, does structural error occur? 2. Was Mr. Ramadon's constitutional…
25A855 Arvin Terrill Carmen v. United States Ninth Circuit 2026-01-30 Application continuing-criminal-enterprise effective-assistance jury-trial narcotics-violation sixth-amendment unanimous-verdict The question in this case centers on a determination of the proper application of 21 U.S.C. § 848(c)(2)(A) and what legal standards and facts are nece…
25A320 Phillip Michael Giles v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2025-09-19 Presumed Complete constitutional-rights effective-assistance legal-research prison-access sixth-amendment speedy-trial Question not identified.
25-5212 Jacquel O'Neal v. Texas Texas 2025-07-28 Denied Response WaivedIFP constitutional-rights criminal-procedure effective-assistance jury-instruction sixth-amendment statutory-defense Does the Sixth Amendment's guarantee of effective assistance of counsel require an attorney to request a jury instruction on the sole statutory defens…
24-963 Elvin Torres-Estrada v. United States First Circuit 2025-03-07 Denied Response Waived constitutional-rights criminal-procedure due-process effective-assistance plea-bargaining prosecutorial-discretion Whether the inaccurate advice by Mr. Torres-Estrada's rogue attorney to reject a favorable plea agreement during plea negotiations, with the prosecuto…
24-6579 Tony Barksdale v. Steve T. Marshall, Attorney General of Alabama, et al. Eleventh Circuit 2025-02-18 Denied Relisted (2)IFP aedpa-deference certificate-of-appealability effective-assistance habeas-corpus judicial-review state-proceeding 1. Does a brief written by the prosecution in a State habeas proceeding, and then rubber-stamped by State judges, qualify as a judgment entitled to de…
24-6574 Mark A. Marchetti v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-02-14 Denied IFP constitutional-rights due-process effective-assistance exculpatory-evidence fair-trial trial-procedure WHETHER PETITIONER'S CONSTITUTIONAL RIGHTS TO DUE PROCESS, A FAIR TRIAL, AND EFFECTIVE ASSISTANCE OF COUNSEL WERE VIOLATED BY TRIAL COUNSEL'S FAILURE …
24A736 Preston Alton Strong v. Arizona Arizona 2025-01-27 Presumed Complete constitutional-rights criminal-appeal due-process effective-assistance postconviction-relief supreme-court-review Question not identified.
24-5196 Nicholas Salfi v. Amy Robey, Warden Sixth Circuit 2024-07-31 Denied Response WaivedIFP counsel-duty effective-assistance habeas-corpus Lafler-v-Cooper martinez-exception plea-negotiations prejudice procedural-default sixth-circuit Whether the duty of defense counsel to provide effective assistance during plea negotiations extends to delivering counteroffers to the prosecution. …
24-5071 Dennis German v. United States Seventh Circuit 2024-07-12 Denied Response WaivedIFP 4th-amendment 5th-amendment 8th-amendment criminal-procedure due-process effective-assistance eighth-amendment fifth-amendment relevant-conduct sentencing sentencing-guidelines (1). Weather the Government violated the Petitioner's 8th Amendment. Constitutional Rights (To be free from infliction of Cruel and Unusual Punishm…
23A876 Brian J. Dorsey v. David Vandergriff, Warden Missouri 2024-04-02 Denied capital-case conflict-of-interest effective-assistance flat-fee-contract ineffective-counsel sixth-amendment Whether, where appointed counsel in a capital case had a flat-fee contract and failed to investigate or challenge a capital murder charge to the clien…
23-6743 Loren J. Larson, Jr. v. Alaska Alaska 2024-02-14 Denied Response WaivedIFP constitutional-claims effective-assistance effective-representation exhaustion-requirement exhaustion-requirements habeas-corpus procedural-default sixth-amendment Does the Sixth Amendment right to "effective representation" require that an attorney provide meaningful, conflict free consultation prior to the atto…
23-6551 Steven McGauley v. Illinois Illinois 2024-01-24 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure criminal-proceedings critical-stage due-process effective-assistance ineffective-assistance-of-counsel jury-bias right-to-counsel sixth-amendment standing Whether the trial court erred where the trial court denied McGauley's defense motion without weighing the potential for prejudice by other testimony o…
23-5976 Brian Heath Davis v. Randy Gibbs, Warden, et al. Eighth Circuit 2023-11-08 Denied Response WaivedIFP autopsy autopsy-report confrontation-clause criminal-procedure effective-assistance expert-testimony reasonable-doubt sixth-amendment Akin to Justice Sotomayor's Bullcoming v. New Mexico, 564 U.S. 647, 672-74 (2011) scenario; To what extent are Sixth Amendment guarantees of Confronta…
23-5769 Brandon M. Jefferson v. Aaron D. Ford, Attorney General of Nevada, et al. Ninth Circuit 2023-10-12 Denied Response WaivedRelisted (2)IFP constitutional-law constitutional-rights counsel-right criminal-procedure due-process effective-assistance nevada-law right-to-counsel sixth-amendment state-law I. Dio Tfte penTiotoep. 1-fAve rite SixtH I'VMewoMe^r Rjwt uwoeft THe a-s. 6OK»St<TUT(0M To t&6 REPRCSeNTeD By t-ZOfrL couNSfL Dm.R|W6| ALL 6^ H(S CRI…
23-5359 James Thomas Burke v. Nick Deml, Commissioner, Vermont Department of Corrections, et al. Second Circuit 2023-08-15 Denied Response WaivedIFP conflict-of-interest constitutional-rights criminal-procedure defense-counsel due-process effective-assistance effective-assistance-of-counsel right-to-counsel sixth-amendment #1. Whether Americans are lawfully entitled to conflict free defense counsel? #2. Whether Americans are lawfully entitled to effective assistance of …
22-7000 Nickless Whitson v. United States Sixth Circuit 2023-03-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ex-post-facto fair-trial prosecutorial-misconduct right-to-counsel sixth-amendment I- fj/l/l. UJHTrf^Aj Cd//r£/vX>5 '7'MA'T t/e /<l€C€i-v<~o 7A£Ff£errve. A5S7 s7AAC f o p CauAJsec Du/txbQ {~pzs 7^/to Afcode^cn&jci xA OJftecH Vep&z'…
22-6714 Wilson Laboriel v. William Lee, Superintendent, Eastern New York Correctional Facility Second Circuit 2023-02-06 Denied IFP 6th-amendment constitutional-rights counsel-substitution due-process effective-assistance federal-procedure habeas-corpus ineffective-assistance standard-of-review trial-court CAN THE UNITED STATES COURT OF APPEALS SANCTION THE DISTRICT COURT'S RECHARACTERIZATION OF A PETITIONER'S CLAIM AFTER SUCH CLAIM HAS BEEN LIBERALLY CO…
22-6181 Willie Speed v. Douglas Fender, Warden Sixth Circuit 2022-11-30 Denied Response WaivedIFP attorney-conflict conflict-of-interest criminal-procedure due-process effective-assistance ex-post-facto fourteenth-amendment sixth-amendment 1. WHETHER AN ATTORNEY'S CONFLICT OF INTEREST DEPRIVED PETITIONER OF HIS RIGHTS UNDER THE SIXTH AND FOURTEENTH AMENDMENTS TO EFFECTIVE ASSISTANCE AND …
22-5955 Christopher Wade v. Florida Florida 2022-11-01 Denied IFP 14th-amendment 6th-amendment civil-rights conflict-of-interest constitutional-rights counsel-rights due-process effective-assistance effective-assistance-of-counsel petitioner-claims trial-court TVle PtfvfveyftPv /ip/Mtad His fct\/vM<liWKflT K\^VtT& To ew-wrtwii iass 'xstm^ of Mdiink uKitiam ukhtM srrtsTts oomst VW iom 3. ^ Wi^S 'VAt ^t~\\i\QU…
21-8120 Willie Alfred Green v. Delijah Washington Eleventh Circuit 2022-06-10 Denied Response WaivedIFP brady-claim brady-claims due-process effective-assistance false-evidence guilty-plea materially-exculpatory-evidence perjured-testimony prosecutorial-misconduct sixth-amendment Are Brady Claims available for defendants who plead guilty when the prosecution withholds materially exculpatory evidence? Does a guilty plea waive a…
21-7766 Jacory Brown v. Christian Pfeiffer, Warden Ninth Circuit 2022-05-04 Denied IFP constitutional-rights criminal-procedure district-court due-process effective-assistance ineffective-assistance-of-counsel legal-claims prima-facie-case sixth-amendment strickland-v-washington Counsel under the sixth Amendment, Does Making a Showing under defient perfrmance and prejudice establish a prina facie case? 2.Does a District court…
21-6711 Darius Smith v. United States District of Columbia 2021-12-22 Denied Response WaivedIFP competency due-process effective-assistance guilty-plea ineffective-assistance-of-counsel intellectual-disabilities intellectual-disability mental-competency mental-illness plea-proceeding sixth-amendment 1. Whether Petitioner's Fifth Amendment right to Due Process was violated where the record demonstrated that he had mental illness and intellectual di…
21-6209 Angelo Cobbins v. Illinois Illinois 2021-11-05 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance evidence-suppression intellectual-capacity motion-to-suppress right-to-counsel trial-court waiver -/L, Motion to iSuppuss Loas -efror Gs it in as did not]fllulllinr th& ryl djLftionstrcJsd Ikb P-^titi patliy to (xialv-e. his Custoclid fi^ht 5 ?i/…
21-5863 Jack Anthony Chatman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-10-04 Denied IFP appeals civil-rights constitutional-rights due-process effective-assistance federal-prisoners habeas-corpus ineffective-assistance post-conviction-relief texas texas-law trial counsel claims on Drrect Appead where the Only Cpportunity of A Garrantee of Cunsel n S T abvious troth is that lawyers are necessifies ot Luur…
20-1777 Willard Hall v. Edward Bickham, Warden Fifth Circuit 2021-06-24 Denied 6th-amendment community-representation due-process effective-assistance fair-cross-section fair-trial fifth-circuit impartial-jury jury-composition probable-cause (1) Whether the United States Fifth Circuit Court of Appeals and United States District Court for the Eastern District of Louisiana properly concluded…
20-8248 Richard W. Williams v. Sherie Korneman, Warden Eighth Circuit 2021-06-08 Denied IFP certificate-of-appealability conflict-of-interest constitutional-rights criminal-procedure due-process effective-assistance fourteenth-amendment further-proceedings ineffective-assistance public-defender sixth-amendment 1) TOir S™ r?„!SK 'ed'JUr0 SS °3 a ^ P31"51' one °f-«Mch stated during d^nse ' Sixth 'ancHFourteent^Amendment 2)Does being deprived of conflict-free …
20-7583 Thomas Mark Hild v. Colorado Colorado 2021-03-26 Denied IFP 6th-amendment autonomous-rights constitutional-procedure criminal-justice defendant-rights due-process effective-assistance effective-assistance-of-counsel habitual-criminal plea-bargaining plea-negotiations prior-convictions 1) Given this Court has ruled that our criminal justice system is largely a system of pleas rather than trials, is there a constitutional requirement …
20-1080 Stephen Edward May v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-02-09 Denied Amici (1)Response Waived constitutional-challenge counsel-conduct counsel-performance effective-assistance hypothetical-strategies hypothetical-strategy ineffective-assistance judicial-deference performance-evaluation record-evidence strickland-standard strickland-v-washington 1. Can a court find counsel's conduct to be effective under Strickland v. Washington by positing strategies that hypothetically could have, but demons…
20-916 Nathaniel K. Hooker v. Illinois Illinois 2021-01-08 Denied adversarial-proceeding criminal-procedure due-process effective-assistance probable-cause right-to-bear-arms right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment This case presents an important issue concerning the proper application of Illinois Criminal Procedures and the Sixth Amendment Right to Effective Cou…
20-6676 Hernandez Daniels v. Florida Florida 2020-12-21 Denied IFP alibi alibi-defense brady-disclosure brady-v-maryland constitutional-procedure criminal-appeal due-process effective-assistance evidence-suppression strickland-v-washington Whether suppression of (some) evidence is sufficient according to the procedures mandated by Brady v. Maryland, 373 U.S. 83 S. Ct. 1194, 10 L. Ed. 2d(…
20-6391 Timothy Ronald Hare v. Michigan Michigan 2020-11-20 Denied IFP constitutional-standard critical-stage effective-assistance ineffective-assistance lafler-v-cooper plea-bargaining prejudice prejudice-analysis right-to-counsel sixth-amendment united-states-v-cronic I. Does the requirement to prove prejudice under this Court's previous decision in Latter v Cooper, place a burden on the accused that this Court deem…
19-7890 Kevin Michael-Ferdinand Richards v. Michigan Michigan 2020-03-06 Denied IFP abuse-of-discretion coercion constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel plea-coercion plea-understanding plea-withdrawal trial-court-discretion I. Did The TriAl Court Abuse It's Discretion When It Denied Pla WithdrAwal Under MCR 6.3IOcB); Mr. RicHaRds HAs A Due Process Right To PleA Withdrawal…
19-7621 Allanah Benton v. Shawn Brewer, Warden Sixth Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-counsel appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-counsel DID THE STATE AND FEDERAL COURTS VIOLATE MS. BENTON'S RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL AND APPELLATE COUNSELS IN VIOLATION OF U.S. CONSTITUTIONA…
19-7090 Warren Evans, Jr. v. United States Fourth Circuit 2019-12-30 Denied Response WaivedIFP appeal appellate-procedure attorneys-fees copyright-law copyright-registration effective-assistance effective-assistance-of-counsel federal-rules-of-appellate-procedure flores-ortega 19-708" ineffective-assistance-of-counsel infringement notice-of-appeal publication-status registration-accuracy right-to-counsel roe-v-flores-ortega sixth-amendment Whether a court can invalidate a copyright registr 1. Whether application of the deadline for filing a Notice of Appeal under the Federal Rules of Appellate Procedure violates the appellant's right to …
19-6781 Donato Luna-Quintero v. Indiana Indiana 2019-11-29 Denied Response WaivedIFP constitutional-rights due-process effective-assistance effective-assistance-of-counsel foreign-defendant jury-trial language-barrier language-barriers limited-english-proficiency right-to-counsel waiver Is a defendant's constitutional right to a jury trial properly waived, and is counsel providing effective assistance, when the defendant, a foreign ci…
19-6043 Larry Craig Cash v. Vance Laughlin, Warden Georgia 2019-09-25 Denied IFP 14th-amendment constitutional-rights conviction criminal-procedure death-penalty due-process effective-assistance fourteenth-amendment jury-selection murder-trial racial-discrimination standing state-action trial-duty 1. Were The Rights Of A Defendant Under The Due Process Clause Of The Fourteenth Amendment Of The United States Constitution Properly Observed When Th…
18-1103 Paul Ross Evans v. United States Fifth Circuit 2019-02-22 Denied Response WaivedRelisted (2) 28-usc-2255 certificate-of-appealability choice-of-counsel civil-rights due-process effective-assistance habeas-corpus ineffective-assistance judicial-review prosecutorial-misconduct right-to-counsel standing 1. Ina proceeding under 28 U.S.C. § 2255, whether the right to choice of counsel or effective assistance is violated when counsel is appointed to repr…
18-8024 Alex Rodriguez v. New Jersey New Jersey 2019-02-19 Denied Relisted (3)IFP constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment THE DEFENDANT WAS DENIED THE RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL AS GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND…
18-7849 Jesus Pacheco Estudillo v. United States Eighth Circuit 2019-02-07 Denied Response WaivedIFP constitutional-law constitutional-rights direct-appeal effective-assistance effective-assistance-of-counsel evidentiary-hearing facts procedural-due-process relevant-facts sixth-amendment sixth-amendment-violation Whether Petitioner's Sixth Amendment Right To The Effective Assistance was Violated When Counsel Failed to File A Direct Areal. Whether The COurt Err…
18-7786 Roy Shotwell v. Kevin Genovese, Warden Sixth Circuit 2019-02-06 Denied Response WaivedIFP 4th-amendment 5th-amendment civil-rights criminal-procedure critical-stage dna-analysis dna-evidence dna-testing due-process effective-assistance ineffective-assistance-of-counsel procedural-due-process prosecutorial-misconduct sixth-amendment standing warrantless-seizure Did The lower Courts abuse their discretion in denying Petitioner relief on the grounds that evidence was suppressed from his home and person be frivo…
18-7174 Shawndell Everson v. New York New York 2018-12-27 Denied Response WaivedIFP appeal-denial civil-rights constitutional-rights counsel-of-choice due-process effective-assistance ineffective-counsel public-trial sixth-amendment trial-rights Shawndell Everson was 32 years old when he was sentenced to 143 years (the equivalent of a life sentence ), for allegations of running a "looseknit" o…
18-7028 Jameel Simpson v. James Erkerd, et al. Third Circuit 2018-12-13 Denied Response WaivedIFP actual-innocence conflict-of-interest constitutional-rights criminal-defense criminal-procedure effective-assistance effective-assistance-of-counsel prejudice sixth-amendment wrongful-conviction PETITIONER JAMEEL SIMPSON WAS DENIED HIS RIGHTS UNDER THE SIXTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA TO EFFECTIVE ASSISTANCE …
18-6053 Donald Lee Kissner v. Michigan Michigan 2018-09-20 Denied IFP due-process effective-assistance full-and-fair-review guilty-plea lafler-v-united-states michigan-courts strickland-v-united-states trial-counsel Whether the Petitioner has a due process right to effective assistance pursuant to Lee vs. united states, 583 U.5-; 1375.C7 1958 (2017). whether the …
18-5855 Derrick Knight v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-08-31 Denied Response WaivedIFP appellate-counsel appellate-procedure brady-violation constitutional-rights effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel judgment-of-acquittal motion-for-acquittal motion-for-new-trial withholding-evidence Was Petitioner denied his constitutional right to effective assistance of appellate counsel when his appellate counsel failed to raise an issue of tri…