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12 May 2014, 7:11 pm by Maureen Johnston
Thompson, and encompasses both cause and prejudice to excuse the procedural default of a habeas claim; and (2) whether the Ninth Circuit improperly removed the prejudice prong from an analysis of ineffective assistance of post-conviction counsel as provided in Martinez and Strickland v. [read post]
10 May 2014, 3:24 pm by Stephen Bilkis
"[I]f it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice . . . that course should be followed" (Strickland at 697). [read post]
9 May 2014, 8:54 am by John Elwood
  In 2010 the Court issued a per curiam opinion (after calling for the record and nine relists) summarily vacating a Georgia Superior Court decision for misapplying the second (prejudice) prong of Strickland v. [read post]
7 May 2014, 6:45 am by Maureen Johnston
McNeal 13-963Issue: Whether, contrary to Strickland v. [read post]
6 May 2014, 7:11 pm by Maureen Johnston
McNeal 13-963 Issue: Whether, contrary to Strickland v. [read post]
2 May 2014, 4:43 am by SHG
  As Ben correctly notes, the problem wasn’t that his summation would likely be ineffective, in the Strickland sense, both because he’s more than capable of delivering a quality closing and, well, the requirements of Strickland for effective assistance of counsel are so low that it’s awfully hard not to meet the minimal threshold. [read post]
30 Apr 2014, 4:26 am by Jeff Gamso
 Governor Kasich can do whatever he wants.Flip-a-coin Strickland made that clear, overruling recommendations of death and of life with equal randomness. [read post]
27 Apr 2014, 3:12 pm by Stephen Bilkis
This meets the first prong of Strickland Test, requiring a finding of deficient representation. [read post]
27 Apr 2014, 3:09 pm by Stephen Bilkis
It applied its Strickland precedents to a new set of facts. [read post]
24 Apr 2014, 2:59 pm by Stephen Bilkis
Padilla held that the defendant's claim was subject to the two-prong ineffective assistance of counsel test in Strickland v. [read post]
14 Apr 2014, 6:40 am by Larisa Vaysman
Strickland, 560 F.3d 443, 446 (6th Cir. 2009) (quoting Bellotti v. [read post]
19 Mar 2014, 10:12 am by Matthew David Brozik
Gluck Corporation filed with the United States District Court for the Southern District an uncomplicated, eight-page complaint alleging infringement upon a registered trademark it owns by another company, one Strickland Fuller Partnership. [read post]
2 Mar 2014, 4:16 pm by James S. Friedman, LLC
The district court found that the State court’s view of the facts, and its application of the two-part ineffective assistance test set forth in Strickland v. [read post]
28 Feb 2014, 9:13 am by James S. Friedman, LLC
Against this backdrop, and recalling its two-prong ineffective assistance test as set forth in Strickland v. [read post]
23 Feb 2014, 3:11 pm by Stephen Bilkis
In accordance with the test articulated in Strickland, a court, upon a finding that criminal counsel's performance was deficient, must then determine whether a defendant can show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have instead insisted on going to trial. [read post]
22 Feb 2014, 6:00 am by Mary Whisner
RobertsonThe Tribal Struggle for Indian Sovereignty: The Story of the Cherokee Cases, by Rennard Strickland Water, Legal Rights, and Actual Consequences: The story of Winters v. [read post]