strickland

40 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7238 Richard Lee Devito v. United States Sixth Circuit 2024-04-16 Denied Response WaivedIFP certificate-of-appealability circuit-court duty-to-investigate habeas-corpus ineffective-assistance-of-counsel miller-el miller-el-standard panel-rehearing sixth-amendment sixth-circuit-law strickland strickland-ineffective-assistance Did the Circuit Court, initially composed of one judge, err by exceeding the "threshold inquiry" as prescribed by this Court in Miller-El? Did the Ci…
23-7119 Brian J. Dorsey v. David Vandergriff, Warden Missouri 2024-04-02 Denied IFP appointed-counsel capital-murder conflict-of-interest constitutional-rights cuyler-v-sullivan flat-fee-contract ineffective-assistance ineffective-assistance-of-counsel strickland When Brian Dorsey faced capital-murder charges, he was appointed counsel who were paid a very low flat fee of $12,000 each. Chris Slusher, having rece…
23-6839 Donte Johnson v. Nevada Nevada 2024-02-27 Denied IFP constitutional-rights criminal-procedure discretionary-strategy effective-counsel expert-testimony false-confessions ineffective-assistance police-interrogation sixth-amendment strickland strickland-standard Did the Nevada Supreme Court deprive petitioner of his Sixth Amendment right to effective counsel by analyzing counsel's ineffective performance as me…
23-6800 Jorge Espinosa v. New York New York 2024-02-21 Denied Response WaivedIFP clear-cut-and-dispositive constitutional-right criminal-defense due-process error-and-prejudice ineffective-assistance-of-counsel legal-error prejudice-analysis single-error Strickland strickland-standard Whether all ineffective assistance of counsel claims are assessed under the Strickland error-and-prejudice rule, or whether such claims based on a sin…
23-6292 Ray O. Crowell, Jr. v. Mark R. Sevier, Warden Seventh Circuit 2023-12-18 Denied Response WaivedRelisted (2)IFP circuit-court civil-rights clearly-established-law counsel-claim due-process federal-habeas ineffective-assistance post-conviction standard-of-review strickland strickland-standard Whether the State court's resolution of Crowell's ineffective assistance of counsel claim for bail at a capital offense preliminary hearing under 42 U…
23-502 Noble U. Ezukanma v. United States Fifth Circuit 2023-11-14 Denied Response Waived counsel-advice criminal-procedure defendant-testimony due-process ineffective-assistance ineffective-assistance-of-counsel prejudice right-to-testify sixth-amendment strickland strickland-standard How do the standards for judging ineffective assistance of counsel apply to the question of what advice defense counsel gives to a defendant concernin…
23-321 Jerry J. Davis, Jr. v. United States Sixth Circuit 2023-09-27 Denied Response Waived certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland strickland-standard trial-counsel Whether the District Court and Sixth Circuit Erred When Both Found That Mr. Davis Was Not Entitled to the Issuance of a Certificate of Appealability f…
23-5563 Christopher John Derting v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-09-12 Denied IFP circuit-court-conflict due-process federal-review habeas-corpus keeney-v-tamayo-reyes post-conviction-review strickland strickland-claim townsend-v-sain vicks-v-bunnell Can the District Court ignore the views of this Court stated in Lovell v. Duffey pertaining to 2254 (d) (2) claims, which should focus on what State C…
22-7859 Timothy Sumpter v. Kansas Tenth Circuit 2023-06-23 Denied Response WaivedIFP due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis state-post-conviction strickland strickland-standard sufficiency-of-evidence Under clearly established law, in most ineffective assistance of trial counsel cases, prejudice is shown by demonstrating "a reasonable probability th…
22-7318 Shannon Miles Lancaster v. Charles Williams, Jr., Warden Fourth Circuit 2023-04-19 Denied Response WaivedIFP certificate-of-appealability evidence-suppression fourth-circuit-review ineffective-assistance involuntary-plea plea-involuntariness south-carolina-homeland-security-act strickland strickland-standard suppression-motion Whether the District Court and the Fourth Circuit Court of Appeals erred in declining to grant Petitioner a certificate of appealability, where the St…
22-982 Ryan Thornell, Director, Arizona Department of Corrections v. Danny Lee Jones Ninth Circuit 2023-04-10 Judgment Issued Amici (4)Relisted (9) capital-case capital-punishment credibility-findings district-court district-court-deference habeas habeas-corpus ineffective-assistance ninth-circuit ninth-circuit-review strickland strickland-standard Did the Ninth Circuit violate this Court's precedents by employing a flawed methodology for assessing Strickland prejudice when it disregarded the dis…
22-7244 Jose Ramon Cruz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-04-10 Denied IFP certificate-of-appealability federal-review habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment state-court-decision state-court-deference strickland strickland-standard When a State court's summary denial assumed the truth of the facts plead in a State habeas writ application and a Federal habeas court, pursuant to 28…
22-5619 Deonte Lewis v. Ohio Ohio 2022-09-20 Denied IFP competency-challenge constitutional-law constitutional-right due-process ineffective-assistance-of-counsel legal-presumption performance-competency strickland strickland-standard trial-strategy Whether the presumption of reasonable trial strategy that this Court articulated in Strickland created an irrebuttable bar to performance competency c…
21-6909 Mark Allen Geralds v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-01-20 Denied IFP brady brady-materiality cumulative-analysis due-process giglio-violation materiality prejudice prosecutorial-misconduct strickland strickland-prejudice trial-confidence 1. Whether the materiality inquiry for Brady and the prejudice analysis for Strickland require a cumulative analysis in determining whether confidence…
21-6258 Ramiro Romero v. Texas Texas 2021-11-12 Denied IFP andrus-v-texas appellate-review civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel investigation strickland strickland-standard Whe.h? a-n 0uH~Oisyy&y ZtitTtct/s Jh Y&StJgfi-tiOh? JLhottasds *tO /hte.t'lsieu/ a. ofe'fihoLiutts t^s/tsted hriTtitss&s bec^s^ the. fcttoshty Mfstfrf…
21-5697 Shawn Mayreis v. Bobby Lumpkin, Director, Texas Department of Justice, Correctional Institutions Division Fifth Circuit 2021-09-17 Denied IFP constitutional-rights courtroom-closure due-process fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel public-trial right-to-counsel strickland voir-dire I. This Court has established that a defendant's right to a public trial extends to voir dire. When counsel's defective advice given in advance of tri…
21-5316 In Re Taryn Christian 2021-08-06 Dismissed IFP autonomy brady-v-maryland brady-violation counsel-strategy habeas-corpus mandamus mccoy-v-louisiana retroactivity right-to-autonomy sixth-amendment strickland This case presents the kind of extraordinary circumstances in which this Court exercises its discretionary authority to issue a writ of mandamus. The …
20-8042 Jorge Cervantes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-05-17 Denied Response WaivedIFP due-process evidentiary-hearing fact-finding federal-habeas habeas-corpus ineffective-assistance judicial-review legal-determination postconviction-relief standard-of-review state-court-findings strickland 1. Was the state court's failure to make the requisite findings of fact and law thus an unreasonable law, as determined by the United States Supreme C…
20-1481 Adrian Parbhudial v. Jamie LaManna, Superintendent, Green Haven Correctional Facility Second Circuit 2021-04-22 Denied Response Waived criminal-defense due-process habeas-corpus home-invasion ineffective-assistance ineffective-assistance-of-counsel mistake police-officers Strickland strickland-standard witness-testimony witnesses 1. Was it an unreasonable application of Strickland v. Washington, 466 U.S. 668 (1984) and its progeny for the state courts, and the habeas courts bel…
20-7470 Pablo Ramon Guerrero v. Nevada Nevada 2021-03-16 Denied IFP actual-innocence batson critical-stage cronic due-process fundamental-fairness mccollum presumed-prejudice strickland structural-error trial-procedure 1.) Whether a Brady/Giglio prosecutorial misconduct violation exists as a structural error, and if so, whether petitioner was denied a fundamentally f…
20-7071 Pete Russell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-08 Denied IFP certificate-of-appealability future-dangerousness habeas ineffective-assistance-of-counsel merits-review strickland Did the Court of Appeals err in denying a certificate of appealabilty, through a merits review, of Russell's claim that he recei ved ineffect ive assi…
20-6332 Cecil Salyers v. Kentucky Kentucky 2020-11-16 Denied Response WaivedIFP concurrent-sentences consecutive-sentences constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice sentencing-prejudice sixth-amendment strickland strickland-standard Did the Kentucky Court of Appeals correctly interpret the Sixth Amendment in holding Petitioner "cannot demonstrate prejudice under Strickland", when …
20-5641 Steven Turbi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-09-09 Denied IFP appeals appellate-review circuit-court civil-rights counsel-performance due-process habeas-corpus ineffective-assistance legal-standard strickland Whether the Eleventh Circuit Court of Appeals properly applied the law regarding allegations of Counsel being ineffective regarding Plea Negotiations …
19-1424 Kevin LeBeau v. United States Seventh Circuit 2020-06-26 Denied Response Waived bank-fraud criminal-procedure due-process jury-instructions materiality restitution seventh-circuit strickland strickland-claim strickland-v-washington 1. Was the omission of the concept of materiality from the bank fraud elements instruction error requiring a new trial? 2. Did the Seventh Circuit er…
19-7407 Paula Bennett v. Shawn Brewer, Warden Sixth Circuit 2020-01-24 Denied Response WaivedIFP 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 1. Whether, under Strickland, a court may conduct a prejudice analysis that focuses solely on the sufficiency of the evidence presented, or must it in…
19-7204 Eric Wilson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-01-07 Denied Relisted (2)IFP batson certificate-of-appealability constitutional-rights due-process equal-protection ineffective-assistance-of-counsel notice-of-appeal strickland SHOULD PETITIONERS NOTICE OF APPEAL HAVE BEEN CONSTRUED AS A REQUEST FOR A CERTIFICATE OF APPEALABILITY ON GROUNDS 1-12 AND 14-15, AND WAS FAILURE TO …
19-7025 Michael Feliciano v. George Miller, Superintendent, State Correctional Institution at Waymart, et al. Third Circuit 2019-12-20 Denied Response WaivedIFP carrier due-process effective-assistance-of-counsel eyewitness eyewitness-testimony in-re-winship ineffective-assistance investigation jury-instructions reasonable-doubt sixth-amendment strickland strickland-standard 1. Is the State court of last resort and U.S. Court of Appeals decision which denied petitioner's claim that he was deprived of his Sixth Amendment ri…
19-6231 William Dean Chapman v. United States Fourth Circuit 2019-10-16 Denied Response WaivedRelisted (2)IFP aedpa aedpa-limitations circuit-split due-process equitable-tolling evidentiary-hearing fraud-upon-the-court habeas-corpus hill-v-lockhart holland-v-florida kyles-v-whitley lemaster materiality miller-v-united-states plea-agreement prosecutorial-misconduct raines-v-united-states rule-11 standing strickland supreme-court-precedent 1) a.Is equitable tolling warranted when access to legal files and resources is severely hampered? Where the 4th Circuit has denied equitable tolling…
19-5779 Eduardo Rodriguez-Lopez v. Florida Florida 2019-09-03 Denied IFP constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy right-to-defense sixth-amendment strickland strickland-standard 1. Consistent with the Sixth Amendment, and this Court's decisions in Strickland may the State rely on the plea colloquy as to a prisoner acknowledgin…
19-5354 Raheem Brown v. Jamey Luther, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2019-07-26 Denied Response WaivedIFP certificate-of-appealability constitutional-ruling eyewitness-testimony habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice strickland strickland-standard strickland-v-washington subpoena Did the United States Court of Appeals for the Third Circuit (Third Circuit) err and abuse its discretion by refusing to grant Petitioner a Certificat…
18-9409 Fermin Guerrero v. Martin Biter, Warden Ninth Circuit 2019-05-23 Denied Response WaivedIFP brady-violation constitutional-errors criminal-trial-errors cumulative-error cumulative-prejudice due-process eyewitness-testimony habeas-review ineffective-assistance ineffective-assistance-of-counsel informant-testimony strickland strickland-standard strickland-violation 1. Does the Constitution require a court on habeas review to assess cumulatively the prejudice caused by multiple constitutional errors at a criminal …
18-6896 Jeffrey S. Wingate v. United States Sixth Circuit 2018-12-03 Denied Response WaivedIFP due-process fifth-amendment grand-jury ineffective-assistance ineffective-assistance-of-counsel presentment presentment-clause sentence-enhancement sentencing strickland strickland-standard uncharged-conduct Does a substantially greater sentence imposed based primarily on a count for which a grand jury refused to indict and which did not appear in a supers…
18-6577 Ernesto Wilfredo Solano Godoy v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2018-11-07 Denied IFP confrontation-clause due-process fourth-circuit-review habeas-corpus ineffective-assistance-of-counsel phone-records strickland strickland-standard strickland-test sufficiency-of-evidence witness-testimony 1-Petitioner alleges that his trial counsel was ineffective by allowing testimony and evidence to be presented to the jury in violation of the Confron…
18-6492 Pascual Rentas v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-10-29 Denied Response WaivedIFP certificate-of-appealability clearly-established-law due-process eleventh-circuit giglio giglio-standard habeas-corpus habeas-petition ineffective-assistance-of-counsel standard-of-review strickland strickland-standard supreme-court-law supreme-court-precedent I SHOULD THE DENIAL OF MR. RENTAS' COA BE REVERSED AND RECONSIDERED DUE TO THE RECENT RULING BY THIS COURT IN MARION WILSON V. ERIC SELLERS, WARDEN 58…
18-6471 Anthony Cardell Haynes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-29 Denied IFP civil-rights due-process extraordinary-circumstances fifth-circuit-review finality gonzalez-v-crosby habeas-corpus ineffective-assistance-of-counsel martinez merits-review rule-60(b) rule-60b strickland substantiality trevino-standard 1. Did the Fifth Circuit majority err in finding that there were no "extraordinary circumstances" and that the claim was not sufficiently "substantial…
18-6275 Ricardo Lupian-Barajas v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-11 Denied Response WaivedIFP certificate-of-appealability due-process eleventh-circuit federal-rules-of-appellate-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings prosecutorial-misconduct sixth-amendment strickland strickland-standard I. DID THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT DEPART FROM THE ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS WHEN IT FAILED…
18-313 Albon C. Diamond, III v. Florida Florida 2018-09-11 Denied Response Waived criminal-procedure due-process effective-assistance-of-counsel impeachment ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony sixth-amendment strategic-decisions strickland strickland-standard Whether the Sixth Amendment's guarantee of effective attorney representation in a criminal felony prosecution (applicable against the State of Florida…
18-5772 Aurelio Fidencio Saldivar v. G. D. Lewis, Warden Ninth Circuit 2018-08-28 Denied IFP habeas-corpus ineffective-assistance sixth-amendment strickland strickland-standard tactical-rationales trial-counsel 1. Is a habeas corpus petitioner alleging a Sixth Amendment claim of ineffective assistance of trial counsel required to address and rebut hypothetica…
18-5220 Roger A. Libby v. Renee Baker, Warden, et al. Nevada 2018-07-13 Denied Response WaivedIFP actual-innocence adversarial-format due-process habeas-corpus indigent-petitioner post-conviction scientific-evidence sixth-amendment strickland 1. Does the Due Process Clause of the Fourteenth Amendment guarantee an indigent Petitioner to the Sixth Amendment right to the assistance of Counsel …
18-5006 Steven William Deuman, Jr. v. United States Sixth Circuit 2018-06-29 Denied Response WaivedIFP dna-evidence due-process indian-major-crimes-act ineffective-assistance ineffective-assistance-of-counsel sixth-amendment sixth-circuit-review strickland strickland-v-washington tribal-enrollment Was counsel's decision to forego utilizing a DNA expert defense witness and agreeing to the government's stipulation of Tribal Enrollment a reasonable…