Belmontes v. Brown, No. 01-99018 (9th Cir.) (414 F.3d 1094) (July 15, 2005) (Judge Stephen Reinhardt)
Loaded on Aug. 1, 2005
published in Punch and Jurists
August 15, 2005
Filed under:
Punch And Jurists,
Strickland Standard.
On remand from the Supreme Court at 125 S.Ct. 1697; see prior decision reported at Belmontes v. Woodford, 350 F.3d 861 (9th Cir. 2003).
The court had previously held that there was a reasonable probability that as a result of instructional error a jury had not considered a 28 U.S.C. ...
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:
- Belmontes v. Brown, No. 01-99018 (9th Cir.) (414 F.3d 1094) (July 15, 2005) (Judge Stephen Reinhardt)
- U.S. v. Padilla, No. 03-1918 (1st Cir.) (415 F.3d 211) (July 25, 2005) (Judge Bruce M. Selya)
- U.S. v. Garner, No. 4:01 CR 321 (N.D.Ohio) (2005 U.S. Dist. LEXIS 18840) (August 31, 2005) (Judge David D. Jr. Dowd)
- Padilla v. Hanft, No. 05-6396 (4th Cir.) (423 F.3d 386) (September 9, 2005) (Judge J. Michael Luttig)
- Enwonwu v. Chertoff, No. Civ.A. 05-10511-WGY (D.Mass.) (376 F.Supp.2d 42) (July 12, 2005) (Judge William G. Young)
- Doe v. Gonzales, No. 3:05-cv-1256 (JCH) (D.Conn.) (386 F.Supp.2d 66) (September 9, 2005) (Judge Janet C. Hall)
More from these topics:
- 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.
- North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent, Nov. 25, 2020. Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness.
- New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases, Nov. 15, 2020. Strickland Standard, Misleading Advice/Statements to Defendant.