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19 May 2024, 4:01 am
One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. [read post]
23 Mar 2012, 12:00 am
Likewise, if the trial court could have refused to accept the plea agreement, and if Frye fails to show a reasonable probability the trial court would have accepted the plea, there is no Strickland prejudice. [read post]
16 Sep 2021, 9:53 am
(Judge Bress surely knows the difference between the "no deficient performance" and "no prejudice" prongs of Strickland; indeed, later in the opinion, on a different point about mitigating evidence, he expressly relies upon a "no prejudice" holding with respect to that -- separate -- issue.)So that part of the opinion seems just wrong.Judge Bress then follows this conclusion with what purports to be a separate point -- an effort to argue that, yeah,… [read post]
1 Nov 2017, 8:53 am
Strickland, in which the Supreme Court held that the Sixth Amendment right to counsel guarantees “reasonably effective assistance,” judged objectively and considering all the circumstances. [read post]
9 Feb 2023, 5:01 am
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]
25 May 2015, 1:56 pm
Any claim of ineffective assistance of counsel will be controlled by Strickland v. [read post]
25 May 2015, 1:56 pm
Any claim of ineffective assistance of counsel will be controlled by Strickland v. [read post]
26 Aug 2013, 3:52 pm
The court further found that "the failure of the trial court to consider the importance of the omitted expert testimony in denying petitioner's motion to vacate the judgment of conviction is an unreasonable application of the Strickland standard". [read post]
29 Jul 2011, 1:17 pm
The Supreme Court set out the test of effectiveness in Strickland v. [read post]
20 Nov 2015, 11:24 am
Maryland, and that this failure prejudiced the defense; and (2) whether the Louisiana courts erred in failing to find that the petitioner’s attorney provided ineffective representation at the guilt phase of trial under Strickland v. [read post]
12 Apr 2017, 11:43 am
Whether a criminal defendant must show “prejudice” when an unreasonable error of his counsel leads to “structural error” in his trial is undoubtedly an important legal question on which a number of state and federal courts have split. [read post]
22 Apr 2015, 6:04 pm
Michael Froomkin & Steve Strickland RE: Single Transferable Vote Elections DATE: April 21, 2015 Summary In a Single Transferable Vote (STV) election, voters rank candidates in order of preference. [read post]
1 Nov 2023, 5:53 am
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 Mar 2010, 1:40 am
Hutchens and Franz (2009)This was an altruisitc surrogacy in which leave to adopt was sought before Justice Strickland in Adelaide. [read post]
10 Nov 2011, 7:10 pm
McNeil Docket: 11-295 Issue: (1) Whether the court below properly held that counsel’s failure to strike an openly biased juror does not constitute objectively unreasonable performance under Strickland v. [read post]
17 Dec 2015, 10:33 am
Maryland and that this failure prejudiced the defense; and (2) whether the Louisiana courts erred in failing to find that Michael Wearry’s attorney provided ineffective representation at the guilt phase of trial under Strickland v. [read post]
1 Dec 2009, 10:11 pm
" And if you are paying attention, that means that even if Casey Anthony pleads guilty or is found guilty of the 13 separate felony crimes, Judge Strickland could still "stay and withhold the adjudication of guilt," because in the eyes of the law, she would technically be a first time offender. [read post]
4 Mar 2010, 3:56 pm
Two aspects of this Sixth Amendment right are pertinent here: the right of an accused who does not require appointed counsel to choose the attorney who will represent him, see Gonzalez-Lopez, 548 U.S. at 144-48; Wheat, 486 U.S.at 159, and the right to effective assistance of counsel, see Strickland v. [read post]
6 Apr 2007, 4:28 pm
The Michigan Supreme Court rejected Riley's claim, holding that Riley's counsel was not deficient within the meaning of Strickland v. [read post]
5 May 2022, 9:05 pm
In an article in Food Navigator, Strickland pointed out that cell-cultured milk is not designed as a replacement for breastfeeding. [read post]
