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13 Dec 2023, 8:17 am by Amy Howe
It argued that the lower court had misapplied the Supreme Court’s 1984 decision in Strickland v. [read post]
12 Dec 2023, 12:55 pm by Joseph L. Hyde
Strickland, 321 N.C. 31, 39, 361 S.E.2d 882, 886–87 (1987) (prior assaults); Morgan, 315 N.C. at 635, 340 S.E.2d at 90 (same); but see State v. [read post]
6 Dec 2023, 5:26 am by John Elwood
Court of Appeals for the 9th Circuit violated this court’s precedents by employing a flawed methodology for assessing prejudice under Strickland v. [read post]
30 Nov 2023, 4:50 am by John Elwood
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
15 Nov 2023, 1:28 pm by John Elwood
Court of Appeals for the 9th Circuit violated this court’s precedents by employing a flawed methodology for assessing prejudice under Strickland v. [read post]
11 Nov 2023, 12:47 pm by Hanlon Law, PA
The court rejected this claim, citing precedent that the possibility of a jury pardon cannot be a basis for prejudice under Strickland. [read post]
8 Nov 2023, 6:53 am by John Elwood
Court of Appeals for the 9th Circuit violated this court’s precedents by employing a flawed methodology for assessing prejudice under Strickland v. [read post]
1 Nov 2023, 5:53 am by John Elwood
Court of Appeals for the 9th Circuit violated this court’s precedents by employing a flawed methodology for assessing prejudice under Strickland v. [read post]
27 Oct 2023, 7:12 am by John Elwood
Court of Appeals for the 9th Circuit violated this court’s precedents by employing a flawed methodology for assessing prejudice under Strickland v. [read post]
11 Oct 2023, 11:17 am by John Elwood
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
10 Oct 2023, 8:28 pm by Joseph L. Hyde
Strickland, 318 N.C. 653, 656, 351 S.E.2d 281, 283 (1987) (same); cf. [read post]
5 Oct 2023, 2:38 pm by John Elwood
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
21 Sep 2023, 7:16 pm
While Strickland requires only “a reasonable probability that . . . the result of the proceeding would have been different,” the lower court wrongly used a higher outcome determinative standard: “that but for the act or omission in question, the outcome of the proceedings would have been different. [read post]
18 Sep 2023, 7:38 am by Alex Phipps
The Court of Appeals took up defendant’s current appeal and applied the two-prong analysis from Strickland v. [read post]
28 Aug 2023, 8:51 pm by Jon Katz
Illinois, 440 U.S. 367 (1979)); requiring that counsel be effective (Strickland v. [read post]