Search | Punch and Jurists

Belmontes v. Woodford, No. 01-99018 (9th Cir.) (335 F.3d 1024) (July 15, 2003) (Judge Stephen Reinhardt)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Strickland Standard

Belmontes v. Woodford, No. 01-99018 (9th Cir.) (335 F.3d 1024) (July 15, 2003) (Judge Stephen Reinhardt) by Petitioner state prisoner was convicted of first degree murder in state court and was sentenced to death. The United States District Court for the Eastern District of California denied his petition for writ …

Berkey v. U.S., No. 01-4325 (7th Cir.) (318 F.3d 768) (February 10, 2003) (Judge William J. Bauer)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Strickland Standard

Berkey v. U.S., No. 01-4325 (7th Cir.) (318 F.3d 768) (February 10, 2003) (Judge William J. Bauer) by 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 …

U.S. v. Price, No. CR. 99-348(TPJ) (D.D.C.) (237 F.Supp.2d 1) (December 17, 2002) (Judge Thomas Penfield Jackson)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Price, No. CR. 99-348(TPJ) (D.D.C.) (237 F.Supp.2d 1) (December 17, 2002) (Judge Thomas Penfield Jackson) by

Gentry v. Roe, No. 00-55691 (9th Cir.) (320 F.3d 891) (January 28, 2003) (Judge Jerome Farris)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Strickland Standard

Gentry v. Roe, No. 00-55691 (9th Cir.) (320 F.3d 891) (January 28, 2003) (Judge Jerome Farris) by The petitioner in this case, Lionel Gentry, was convicted of murder in Califirnia. After his conviction was affirmed by the state courts, he filed for a writ of habeas corpus in the Federal …

Strickland v. Washington, No. 82-1554 (U.S. Supreme Court) (466 U.S. 668; 104 S.Ct. 2052) (May 14, 1984) (Justice O'Connor)

Article • June 16, 2002

Filed under: Punch And Jurists, Strickland Standard

Strickland v. Washington, No. 82-1554 (U.S. Supreme Court) (466 U.S. 668; 104 S.Ct. 2052) (May 14, 1984) (Justice O'Connor) by This case established the standards for determining when ineffective assistance of counsel occurs by creating a two-part test: whether counsel's performance was deficient and whether that deficient performance prejudiced the …

Valletto v. U.S., No. Civ. No. 00-4632 (JEI) (D.N.J.) (195 F.Supp.2d 643) (March 28, 2002) (Judge Joseph E. Irenas)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Strickland Standard

Valletto v. U.S., No. Civ. No. 00-4632 (JEI) (D.N.J.) (195 F.Supp.2d 643) (March 28, 2002) (Judge Joseph E. Irenas) by

Gonzalez v. Phillips, No. 98-CV-75600 (E.D.Mich.) (195 F.Supp.2d 893) (December 21, 2001) (Judge Arthur Tarnow)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Strickland Standard

Gonzalez v. Phillips, No. 98-CV-75600 (E.D.Mich.) (195 F.Supp.2d 893) (December 21, 2001) (Judge Arthur Tarnow) by Reversing a decision of the Michigan Court of Appeals, the Court held that the failure of petitioner's counsel to request an interpreter for the petitioner at trial constituted ineffective assistance of counsel that prejudiced …

U.S. v. Akintomide, No. CRIM.97-263(RMU) (D.D.C.) (185 F.Supp.2d 1) (April 17, 2001) (Judge Ricardo M. Urbina)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Akintomide, No. CRIM.97-263(RMU) (D.D.C.) (185 F.Supp.2d 1) (April 17, 2001) (Judge Ricardo M. Urbina) by Here the Court vacated a sentence after concluding that defense counsel's failure to move for a mitigating role sentence reduction under USSG § 3B1.2 constituted a "drastic misstep" that fell below the required …

Hunt v. Mitchell, No. 99-4308 (6th Cir.) (261 F.3d 575) (August 22, 2001) (Judge R. Guy Jr. Cole)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Strickland Standard

Hunt v. Mitchell, No. 99-4308 (6th Cir.) (261 F.3d 575) (August 22, 2001) (Judge R. Guy Jr. Cole) by The decision in this case sends a clear and disturbing message: sometimes, no matter how egregious the facts may be, appellants will have a difficult time obtaining justice simply because there …

Jones v. Barnes, No. 81-1794 (U.S. Supreme Court) (463 U.S. 745; 103 S.Ct. 3308) (July 5, 1983) (Justice Burger)

Article • September 23, 2001

Filed under: Punch And Jurists, Strickland Standard

Jones v. Barnes, No. 81-1794 (U.S. Supreme Court) (463 U.S. 745; 103 S.Ct. 3308) (July 5, 1983) (Justice Burger) by After the respondent in this case was convicted of robbery and assault in a jury trial in a New York state court, counsel was appointed to represent him on appeal. …

U.S. v. Burke, No. 00-10828 (11th Cir.) (257 F.3d 1321) (July 20, 2001) (Judge James Larry Edmondson)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Burke, No. 00-10828 (11th Cir.) (257 F.3d 1321) (July 20, 2001) (Judge James Larry Edmondson) by This case is noted for its review of an important topic: when does a criminal defendant have the right to make fundamental decisions that affect the course of her criminal proceedings - …

Burdine v. Johnson, No. 99-21034 (5th Cir.) (262 F.3d 336) (August 13, 2001) (Judge Fortunato P. Benavides)

Article • July 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Strickland Standard

Burdine v. Johnson, No. 99-21034 (5th Cir.) (262 F.3d 336) (August 13, 2001) (Judge Fortunato P. Benavides) by Ah, the sweet smell of justice in Texas! In this case, a divided en banc court reversed a highly criticized ruling by a three-judge panel last year which reversed a district court’s …

Burdine v. Johnson, No. 99-21034 (5th Cir.) (231 F.3d 950) (October 27, 2000) (Judge Rhesa Hawkins Barksdale)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Strickland Standard

Burdine v. Johnson, No. 99-21034 (5th Cir.) (231 F.3d 950) (October 27, 2000) (Judge Rhesa Hawkins Barksdale) by Back in 1984, Calvin Burdine was convicted of capital murder for his participation in the stabbing death of his homosexual lover during a robbery. As is so common in America, the person …

Delgado v. Lewis, No. 97-56162 (9th Cir.) (223 F.3d 976) (August 23, 2000) (Judge Sidney R. Thomas)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Strickland Standard

Delgado v. Lewis, No. 97-56162 (9th Cir.) (223 F.3d 976) (August 23, 2000) (Judge Sidney R. Thomas) by On remand from the Supreme Court in light of Smith v. Robbins, 120 S.Ct. 746 (2000), the Ninth Circuit altered its analysis, but not the result, of its prior opinion in this …

U.S. v. Matta-Timmins, No. Crim.A. 99-10116 (D.Mass.) (81 F.Supp.2d 193) (March 3, 2000) (Judge Patti B. Saris)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Matta-Timmins, No. Crim.A. 99-10116 (D.Mass.) (81 F.Supp.2d 193) (March 3, 2000) (Judge Patti B. Saris) by

U.S. v. Padilla, No. 98-1360 (2nd Cir.) (203 F.3d 156) (February 7, 2000) (Judge John M. Jr. Walker)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Padilla, No. 98-1360 (2nd Cir.) (203 F.3d 156) (February 7, 2000) (Judge John M. Jr. Walker) by Second Circuit hed that the defendants' Sixth Amendment right to counsel was not violated when a court order prevented their attorneys from telling them that they were being investigated for alleged …

Rodriquez v. U.S., No. 749 (U.S. Supreme Court) (395 U.S. 327; 89 S.Ct. 1715) (June 2, 1969) (Justice Marshall)

Article • February 29, 2000

Filed under: Punch And Jurists, Strickland Standard

Rodriquez v. U.S., No. 749 (U.S. Supreme Court) (395 U.S. 327; 89 S.Ct. 1715) (June 2, 1969) (Justice Marshall) by Case held that where counsel's failure to file an appeal within the alloted time period precluded an appeal, a habeas petitioner need not specify the grounds he would raise if …

Roe v. Flores-Ortega, No. 98-1441 (U.S. Supreme Court) (528 U.S. 470; 120 S.Ct. 1029) (February 23, 2000) (Justice O'Connor)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Strickland Standard

Roe v. Flores-Ortega, No. 98-1441 (U.S. Supreme Court) (528 U.S. 470; 120 S.Ct. 1029) (February 23, 2000) (Justice O'Connor) by Supreme Court vacated a decision by the Ninth Circuit which granted relief to a defendant whose counsel failed to file a notice of appeal based on its precedent that counsel's …

U.S. v. Martinez, No. 97-20443 (5th Cir.) (181 F.3d 627) (July 15, 1999) (Judge Patrick E. Higginbotham)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Martinez, No. 97-20443 (5th Cir.) (181 F.3d 627) (July 15, 1999) (Judge Patrick E. Higginbotham) by Here the Court vacated a conviction because the district court rejected the defendant's vague statement that he had been improperly denied the right to testify on his own behalf without giving him …

U.S. v. Granados, No. 97-2434 (8th Cir.) (168 F.3d 343) (February 11, 1999) (Per Curiam)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Granados, No. 97-2434 (8th Cir.) (168 F.3d 343) (February 11, 1999) (Per Curiam) by To help put the label of "ineffective assistance of counsel" in context, there ought to be a similar label for "ineffective rulings by judges." The reason is that, while judges seem to survive unscathed …