Tag Archives: Ineffective Assistance of Counsel
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SCOTUS Opinion: Court Corrects Mischaracterization Of State Court’s Analysis Of Ineffective Counsel Claim
In Dunn v. Reeves, after Reeves was convicted of murder, he argued to the state court that he received ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984). However, he did not call his attorneys to testify to rebut the presumption that counsel acted reasonably. The state appellate court denied relief because of the lack of evidence, ... Read More
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SCOTUS Opinion: Court Rejects Ineffective Assistance Of Counsel Claim
Despite a mountain of circumstantial evidence demonstrating that Anthony Hines killed motel worker Katherine Jenkins and stole her car and money, leading to his murder conviction in state court, the Sixth Circuit held that Hines received ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984) because Hines’ counsel failed to develop the argument that the murder might ... Read More
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SCOTUS Opinion: Failure to Elicit Abusive Childhood Constituted Ineffective Assistance of Counsel
In order to prove ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984), a defendant must prove by a preponderance of the evidence that his counsel’s representation fell below an objective standard of reasonableness, and there was a reasonable probability that the result of the proceedings would have been different but for counsel’s deficient performance. In Andrus ... Read More