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21 Jul 2023, 3:53 pm by Kalvis Golde
§ 2254(e)(2)’s limitations on federal-court authority by finding forfeiture based on the state not having offered the statutory argument as an alternative ground to deny relief on the claim when the state was defending on appeal the district court’s sole finding of default; and (2) whether, if the state did forfeit its argument, the 4th Circuit erred in granting relief on a defaulted ineffective-assistance-of-trial-counsel claim by violating basic principles… [read post]
31 May 2023, 11:41 am
You could definitely begin today's Ninth Circuit opinion the way Judge Bumatay does:"When someone points a gun at a law enforcement officer, the Constitution “undoubtedly entitles the officer to respond with deadly force. [read post]
13 May 2023, 7:59 am by Kalvis Golde
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]
20 Apr 2023, 12:54 pm by John Elwood
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
15 Apr 2023, 4:47 pm by Richard Hunt
Sapp & Sturgill PLLC and Duncan Strickland continue to file lawsuits in the Western and Northern Districts for plaintiffs who, amazingly enough, always live within 30 miles of the business they sue, no matter where it is. [read post]
31 Mar 2023, 1:19 pm by Matthew B. Kaplan
The settlement provides that Strickland will pay plaintiffs and their attorneys a total of $869,000. [read post]
30 Mar 2023, 10:31 am by John Elwood
Mays, 22-5891Issues: (1) Whether an ineffective assistance claim may be based on counsel’s failure to exercise a state-law right to introduce residual doubt evidence at a capital sentencing; (2) whether counsel provides ineffective assistance at capital sentencing if they fail to establish the defendant’s lesser moral culpability by demonstrating that he did not kill a victim, even if the lesser culpability proof fails to negate all aggravating (eligibility) factors; and (3) whether it… [read post]
23 Mar 2023, 7:01 am by John Elwood
Mays, 22-5891Issues: (1) Whether an ineffective assistance claim may be based on counsel’s failure to exercise a state-law right to introduce residual doubt evidence at a capital sentencing; (2) whether counsel provides ineffective assistance at capital sentencing if they fail to establish the defendant’s lesser moral culpability by demonstrating that he did not kill a victim, even if the lesser culpability proof fails to negate all aggravating (eligibility) factors; and (3) whether it… [read post]
Memphis Mayor Jim Strickland and MPD Chief Cerelyn Davis requested the DOJ review following Nichols’ death. [read post]
21 Feb 2023, 5:06 pm by Jonathan Zasloff
Tony Strickland: Sort Of A MaoistI couldn’t help noticing that Huntington Beach’s mayor, who strongly backs Massive Resistance to affordable housing, is one Tony Strickland. [read post]
21 Feb 2023, 9:56 am by The Law Office of Philip D. Cave
The standard for evaluating claims of ineffective assistance of counsel in a court-martial is the two-part test established in Strickland v. [read post]
16 Feb 2023, 8:49 am
Commissioner of Correction (Ineffective assistance of trial counsel; whether petitioner suffered prejudice under Strickland v. [read post]
9 Feb 2023, 5:01 am by Vida B. Johnson
Memphis’s Scorpion unit—the unit at the center of the Tyre Nichols murder—was lauded recently by Memphis Mayor Jim Strickland for seizing “$103,000 in cash and 270 vehicles” just between October 2021 and January 2022. [read post]
7 Feb 2023, 9:01 pm by Joseph Margulies
In September 2020, four months after the murder of George Floyd, Memphis Mayor Jim Strickland convened an advisory council that included clergy, civil rights leaders, legislators, public defenders, and police officers, and charged it with “reimagining policing” in the city. [read post]