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Tag Archives: Ineffective assistance

US Supreme Court beefs up standard for ineffective assistance appeals

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Federal courts taking up ineffective assistance-based appeals involving plea bargains must apply a “doubly deferential” standard of review that gives significant weight to state court determinations, the U.S. Supreme Court has ruled, reversing a 6th U.S. Circuit Court of Appeals ruling in Burt v. Titlow, No. 12-414.

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Procedural default not a bar to ineffective assistance claim, justices rule

A deeply divided U.S. Supreme Court has ruled that a procedural default in state court did not bar a Texas death row inmate from seeking relief in federal court based on the assertion that he was denied the effective assistance of counsel at sentencing.

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US high court asks when procedural defaults bar ineffective assistance claims

Less than a year after creating a narrow right to make a federal ineffective assistance of counsel claim in a post-conviction proceeding despite a procedural default in state court, the justices of the U.S. Supreme Court tried to carve out the contours of that ruling during oral arguments in Trevino v. Thaler.

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