Berkey v. U.S., No. 01-4325 (7th Cir.) (318 F.3d 768) (February 10, 2003) (Judge William J. Bauer)
Loaded on March 1, 2003
published in Punch and Jurists
March 03, 2003
Filed under:
Punch And Jurists,
Strickland Standard.
On the positive side of this case, the petitioner, Theodore Berkey, will at least have a few small consolations to muse about as he spends the next 30 years of his life in prison. For example, he may take some solace in knowing that his defense counsel, George Roylston …
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- U.S. v. Hatcher, No. 02-1308WM (8th Cir.) (323 F.3d 666) (March 24, 2003) (Judge Richard S. Arnold)
- Berkey v. U.S., No. 01-4325 (7th Cir.) (318 F.3d 768) (February 10, 2003) (Judge William J. Bauer)
- Kimberlin v. U.S. Dept. of Justice, No. 01-5387 (D.C. Cir.) (318 F.3d 228) (February 11, 2003) (Per Curiam)
- Woodford v. Garceau, No. 01-1862 (U.S. Supreme Court) (538 U.S. 202; 123 S.Ct. 1398) (March 25, 2003) (Justice Thomas)
- U.S. v. Torres, No. 02-11082 (11th Cir.) (318 F.3d 1058) (January 17, 2003) (Judge Charles R. Wilson)
- Herrero-Rodriguez v. Bailey, No. Civ. No. 01-4472 (JBS) (D.N.J.) (237 F.Supp.2d 543) (December 18, 2002) (Judge Jerome B. Simandle)
- U.S. v. Rosario, No. 99 CR 608 RR (E.D.N.Y.) (237 F.Supp.2d 242) (November 8, 2002) (Judge Reena Raggi)
- U.S. v. Danielson, No. 01-30151 (9th Cir.) (325 F.3d 1054) (March 24, 2003) (Judge William A. Fletcher)
- U.S. v. Price, No. CR. 99-348(TPJ) (D.D.C.) (237 F.Supp.2d 1) (December 17, 2002) (Judge Thomas Penfield Jackson)
- U.S. v. Boddie, No. 02-2447 (3rd Cir.) (318 F.3d 491) (January 28, 2003) (Judge Dolores K. Sloviter)
More from these topics:
- Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition, Dec. 15, 2025. Public Defenders, Indigent Defense, Ineffective Assistance of Counsel, Statutory Construction/Interpretation, Strickland Standard.
- Third Circuit: Where Prosecutor “Flooded” Jury Trial With Evidence of Defendant’s Prior Bad Acts, Counsel Was Constitutionally Ineffective in Not Seeking Contemporaneous Limiting Instructions and Not Objecting When Evidence Went Beyond Limited Purpose –, Oct. 15, 2025. Jury Instructions, Strickland Standard, Failure to Preserve Challenge, Motive/Opportunity/Intent/Identity Evidence, Bad Acts Evidence.
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024. 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.
- Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, Feb. 15, 2024. AEDPA, False Statements/Perjury, Strickland Standard, Strickland v. Washington, Failure to Object/Late Objections.
- Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended, Feb. 15, 2024. Public Defenders, Strickland Standard, Per se ineffectiveness.
- Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, Jan. 15, 2024. AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington.
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. 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.
- Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice, Dec. 15, 2023. Counsel - Constructive denial of, Strickland Standard, Conflict of Interest, Disqualification of Counsel.
- First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted, March 15, 2022. Brady Violations, Strickland Standard.
- "Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel", March 15, 2021. Strickland Standard, Conflict of Interest.