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22 Apr 2016, 11:21 am by CrimProf BlogEditor
Capra and Joseph Tartakovsky (Fordham University School of Law and Gibson, Dunn & Crutcher LLP) has posted Why Strickland is the Wrong Test for Violations of the Right to Testify (Washington and Lee Law Review, Vol. 70, No.... [read post]
10 Apr 2016, 9:01 pm by Marci A. Hamilton
He formed a “Task Force” in 2012 and assigned it the following agenda:(1) Examine and analyze the practices, processes and procedures relating to the response to child abuse;(2) Review and analyze law, procedures, practices and rules relating to the reporting of child abuse;(3) Hold public hearings, accept and review written comments from individuals and organizations;(4) Submit reports which will include recommendations to improve the reporting of child abuse; implement any necessary… [read post]
4 Apr 2016, 8:43 am by Jonathan H. Adler
A fairminded jurist could similarly conclude, again deferring under Strickland, that appellate counsel was not incompetent in drawing the same conclusion. [read post]
1 Apr 2016, 10:22 am by John Elwood
John Elwood reviews Monday’s relisted cases. [read post]
29 Mar 2016, 5:00 pm by John Ehrett
Etherton 15-723Issue: Whether the Court of Appeals failed to apply either layer of the double deference due on federal habeas review when a state court’s Strickland v. [read post]
29 Mar 2016, 7:38 am by Rory Little
Meanwhile, Montana argued that “speculative” concerns like possible rehabilitation programs and “anxiety” ought not count; and the federal government argued that the familiar “prejudice” standard from Strickland and Bagley ought to apply: a reasonable probability that the outcome would have been different (but only that it “puts the outcome in a different light,” not “that he would have received a different sentence”). [read post]
28 Mar 2016, 9:16 am by Earl Drott
With regard to the ineffective assistance of counsel argument, the court noted that, in criminal proceedings, such claims are evaluated under the two-step analysis of Strickland v. [read post]
25 Mar 2016, 8:36 am by John Elwood
A guest blogger* reviews Monday’s relisted cases. [read post]
21 Mar 2016, 8:00 pm by John Ehrett
Etherton 15-723Issue: Whether the Court of Appeals failed to apply either layer of the double deference due on federal habeas review when a state court’s Strickland v. [read post]
14 Mar 2016, 4:22 am by Jeff Welty
The Fourth Circuit stated that occasional “episodes of slumber” are not structural error and should be analyzed using the Strickland test. [read post]
14 Mar 2016, 4:22 am by Jeff Welty
The Fourth Circuit stated that occasional “episodes of slumber” are not structural error and should be analyzed using the Strickland test. [read post]
14 Mar 2016, 4:00 am by Amy Starnes
., Austin Lisa Vaughn Lumley, Fort Worth Erik Kyle Martin, Fort Worth Jennie Kay Martin, Midland Christopher Wayne Migura, Houston Stephen Boyd Moon, College Station Thomas Michael Murray, Abilene Nathan Aaron Myers, Dallas Jeffrey Thomas Ragsdale, Dallas Robert Walter Roll, Dallas Jennifer Megan Stone, Houston Duncan Harold Strickland, Spring Joshua L. [read post]
14 Mar 2016, 4:00 am by Amy Starnes
., Austin Lisa Vaughn Lumley, Fort Worth Erik Kyle Martin, Fort Worth Jennie Kay Martin, Midland Christopher Wayne Migura, Houston Stephen Boyd Moon, College Station Thomas Michael Murray, Abilene Nathan Aaron Myers, Dallas Jeffrey Thomas Ragsdale, Dallas Robert Walter Roll, Dallas Jennifer Megan Stone, Houston Duncan Harold Strickland, Spring Joshua L. [read post]
11 Mar 2016, 10:02 am by John Elwood
John Elwood reviews Monday’s relisted cases. [read post]
17 Feb 2016, 7:28 am by John Ehrett
Maryland and that this failure prejudiced the defense; and (2) whether the Louisiana courts erred in failing to find that petitioner’s sole attorney provided ineffective representation at the guilt phase of trial under Strickland v. [read post]
11 Feb 2016, 6:37 am by The Federalist Society
To discuss the case, we have Jack Park, who is Of Counsel with Strickland Brockington Lewis LLP. [read post]
9 Feb 2016, 12:17 pm by Jon Sands
Ct. 1376 (2012), the en banc panel concluded that Strickland applies to this claim. [read post]