Skip navigation
Criminal Legal News

Search

More search options »
21 results
SCOTUS Clarifies Prejudice Standard Under Strickland for Ineffective Assistance of Counsel Claims at Capital Sentencing
Article • November 1, 2024 • from CLN November, 2024
Filed under: Cause and Prejudice, Per se ineffectiveness
SCOTUS Clarifies Prejudice Standard Under Strickland for Ineffective Assistance of Counsel Claims at Capital Sentencing by Sam Rutherford by Sam Rutherford The Supreme Court of the United States clarified the governing test for determining whether errors defense counsel made during a capital sentencing hearing resulted in sufficient prejudice to require …
Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character
Article • April 15, 2024 • from CLN April, 2024
Filed under: Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence
Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Maine reversed a defendant’s domestic violence conviction after finding her attorney was ineffective for opening the door to prejudicial evidence about her parenting …
Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial
Article • April 15, 2024 • from CLN April, 2024
Filed under: Counsel - Constructive denial of, Sleeping Lawyer
Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial by David Reutter by David M. Reutter In a case of first impression, the Massachusetts Supreme Judicial Court held that “a defendant constructively is deprived of …
Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed
Article • February 15, 2024 • from CLN February, 2024
Filed under: AEDPA, False Statements/Perjury, Strickland Standard, Strickland v. Washington, Failure to Object/Late Objections
Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that Ronald Rogers was denied effective assistance of counsel when his attorney …
Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended
Article • February 15, 2024 • from CLN February, 2024
Filed under: Public Defenders, Strickland Standard, Per se ineffectiveness
Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended by Douglas Ankney by Douglas Ankney The National Public Defense Workload Study (“Study”) examined the guidelines created by the National Advisory Committee in 1973 (“NAC Standards”) that determine the recommended number of cases annually that a …
Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence
Article • January 15, 2024 • from CLN January, 2024
Filed under: AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington
Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed the U.S. District Court for the Eastern District of Louisiana’s grant of habeas …
U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence
Article • January 15, 2024 • from CLN January, 2024
Filed under: AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel
U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence by Douglas Ankney by Douglas Ankney The current justices on the Supreme Court of the United States (“SCOTUS”) apparently prioritize ideology over guilt or innocence. Almost 40 years ago, SCOTUS held that the U.S. Constitution’s Sixth Amendment guarantee of a …
Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion
Article • December 15, 2023 • from CLN December, 2023
Filed under: Barker Factors, Speedy Trial, Failure to Preserve Challenge
Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion by David Reutter by David M. Reutter The Supreme Judicial Court of Maine concluded a post-conviction review (“PCR”) court misconstrued aspects of relevant law concerning a claim that counsel’s failure to assert …
Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice
Article • December 15, 2023 • from CLN December, 2023
Filed under: Counsel - Constructive denial of, Strickland Standard, Conflict of Interest, Disqualification of Counsel
Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts ruled defendant’s (a Black man of the Muslim faith) showing that trial counsel harbored …
Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand
Article • June 15, 2023 • from CLN July, 2023
Filed under: U.S. Sentencing Guidelines, Resentencing, Per se ineffectiveness
Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held a federal defendant was denied the effective assistance of counsel by failing to object to his designation as a …
Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Dete...
Article • February 15, 2023 • from CLN March, 2023
Filed under: Expert Witnesses, AEDPA, Ineffective Assistance of Counsel, Per se ineffectiveness
Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC by Jacob Barrett by Jacob Berrett The U.S. Court of Appeals for the …
Fifth Circuit Affirms Habeas Relief and New Trial Based on Counsel’s Failure to Interview State’s Key Eyewitness in Murder Case
Article • May 1, 2022 • from CLN May, 2022
Filed under: Pre-Trial Restraint, Eyewitness Testimony, Appeal
Fifth Circuit Affirms Habeas Relief and New Trial Based on Counsel’s Failure to Interview State’s Key Eyewitness in Murder Case by Dale Chappell by Dale Chappell Finding that defense counsel’s failure to interview the State’s key eyewitness in a Louisiana murder case constituted ineffective assistance of counsel under Strickland v. …
First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted
Article • March 15, 2022 • from CLN April, 2022
Filed under: Brady Violations, Strickland Standard
First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of Puerto Rico’s …
Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence
Article • November 15, 2021 • from CLN December, 2021
Filed under: Identification Documents/Evidence
Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Washington reversed the convictions of Jessica L. Vazquez after holding that her attorney, Sarah McFadden, was ineffective under the Sixth Amendment for failing to …
Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC
Article • June 15, 2021 • from CLN July, 2021
Filed under: Per se ineffectiveness, Confessions and Statements of Defendant
Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC by Dale Chappell by Dale Chappell Concluding that counsel’s trial strategy of introducing a child victim’s interview with police “extremely damaging” to the defense, the Supreme Judicial Court of Maine ruled that …
"Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel"
Article • March 15, 2021 • from CLN April, 2021
Filed under: Strickland Standard, Conflict of Interest
"Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel" by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky ruled that an in-chambers hearing held to address questions surrounding defense counsel’s fitness to proceed is a …
North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent
Article • November 25, 2020 • from CLN December, 2020
Filed under: Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness
North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent by Douglas Ankney   by Douglas Ankney The Supreme Court of North Carolina extended State v. Harbison, 337 S.E.2d 504 (N.C. 1985) (holding per se violation of defendant’s constitutional right to effective counsel when …
New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases
Article • November 15, 2020 • from CLN December, 2020
Filed under: Strickland Standard, Misleading Advice/Statements to Defendant
New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire announced that it has adopted the approach of Lafler v. Cooper, 566 U.S. 156 (2016), in reviewing claims of ineffective assistance of …
California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence
Article • October 15, 2020 • from CLN November, 2020
Filed under: Sentences Counted and Excluded, Identification Documents/Evidence
California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence by Douglas Ankney by Douglas Ankney Division Eight of the California Court of Appeal for the Second Appellate District held that a trial court abused its discretion when it excluded evidence …
SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination
Article • August 15, 2020 • from CLN September, 2020
Filed under: Per se ineffectiveness
SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) remanded Terence Tramaine Andrus’ case to the Texas Court of Criminal Appeals (“TCCA”), directing the TCCA “to address …
Page 1 of 2. | 1 2 | Next »