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Ineffective Assistance of Counsel

By: Derek Hawkins//April 13, 2016//

Ineffective Assistance of Counsel

By: Derek Hawkins//April 13, 2016//

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United States Supreme Court

Case Name: Woods v. Etherton

Case No.:15-723

Focus: Ineffective Assistance of Counsel

Petition for certiorari granted for ineffective assistance of counsel claim.

“Etherton’s underlying complaint is that his appellate lawyer’s ineffectiveness meant he had “no prior opportunity to cross-examine the anonymous tipster.” Brief in Opposition 11. But it would not be objectively unreasonable for a fairminded judge to conclude—especially in light of the deference afforded trial counsel under Strickland— that the failure to raise such a claim was not due to incompetence but because the facts in the tip were uncontested and in any event consistent with Etherton’s defense. See Harrington, 562 U. S., at 105 (“Even under de novo review, the standard for judging counsel’s representation is a most deferential one.”). A fairminded jurist could similarly conclude, again deferring under Strickland, that appellate counsel was not incompetent in drawing the same conclusion. And to reach the final point at issue before the Sixth Circuit, a fairminded jurist— applying the deference due the state court under AEDPA— could certainly conclude that the court was not objectively unreasonable in deciding that appellate counsel was not incompetent under Strickland, when she determined that trial counsel was not incompetent under Strickland. Given AEDPA, both Etherton’s appellate counsel and the state habeas court were to be afforded the benefit of the doubt. Burt, supra, at ___. Because the Sixth Circuit failed on both counts, we grant the petition for certiorari and reverse the judgment of the Court of Appeals.”

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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