Weaver v. Massachusetts, No. 16-240 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1899) (June 22, 2017) (Justice Kennedy)
Loaded on June 26, 2017
published in Punch and Jurists
June 26, 2017
Filed under:
Punch And Jurists,
Ineffective Assistance of Counsel.
The highly technical (and overly pious?) question before the Court in this case involved the proper application of two, intertwined doctrines - structural error and ineffective assistance of counsel. More specifically, the Court was asked to decide whether, when defense counsel in a criminal trial, through constitutionally deficient performance, fails ...
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More from this issue:
- Kokesh v. S.E.C., No. 16-529 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1635) (June 5, 2017) (Justice Sotomayor)
- Honeycutt v. U.S., No. 16-142 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1626) (June 5, 2017) (Justice Sotomayor)
- Weaver v. Massachusetts, No. 16-240 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1899) (June 22, 2017) (Justice Kennedy)
- Lee v. U.S., No. 16-327 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1958) (June 23, 2017) (Justice (John G.) Roberts)
- Ziglar v. Abbasi, No. 15-1358 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1843) (June 19, 2017) (Justice Kennedy)
- Packingham v. North Carolina, No. 15-1194 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1730) (June 19, 2017) (Justice Kennedy)
- Buck v. Davis, No. 15-8049 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 759) (February 22, 2017) (Justice (John G.) Roberts)
More from these topics:
- Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected, Dec. 15, 2024. Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Mandatory Minimum Sentence, Plea Agreements/Guilty Pleas, Rejection.
- Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant, Nov. 1, 2024. Ineffective Assistance of Counsel, Searches - Cellphones/Computers/Internet, Warrants - Requirements/Scope/Exceptions.
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, Nov. 1, 2024. Parole, Ineffective Assistance of Counsel, Remands/Rehearings/Resentencings.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
- Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic, Oct. 1, 2024. Ineffective Assistance of Counsel, Evidentiary Claims, Drug Trafficking Crimes.
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024. Habeas Corpus, Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Summary Disposition, Cause and Prejudice, Proving Cause.
- Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim, Nov. 1, 2023. Ineffective Assistance of Counsel, Probable/Proximate Cause, Prejudice - Potential for Undue, Timeliness.
- Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim, Oct. 15, 2023. Release and Reentry, Habeas Corpus, Ineffective Assistance of Counsel.
- California Court of Appeal: Counsel and Sentencing Court’s Misadvisement of Plea’s Immigration Consequences Require Relief From Conviction, Aug. 1, 2023. Ineffective Assistance of Counsel, Enforcement of Immigration Laws, Grounds for Relief.