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Ineffective Assistance of Counsel
The ineffective assistance of postconviction counsel does not pro- vide cause to excuse the procedural default of ineffective-assistance- of-appellate-counsel claims.
Statutes of limitations – Securities
Petitioner’s untimely filing of its individual complaint more than three years after the relevant securities offering is ground for dismissal.
Free exercise of religion
The Department’s policy violated the rights of Trinity Lutheran under the Free Exercise Clause of the First Amendment by denying the Church an otherwise available public benefit on account of its religious status.
Mixed case on jurisdictional grounds
The proper review forum when the MSPB dismisses a mixed case on jurisdictional grounds is district court.
Analysis of property
The State Court of Appeals was correct to analyze petitioners’ property as a single unit in assessing the effect of the challenged governmental action.
Ineffective Assistance of Counsel
Lee has demonstrated that he was prejudiced by his counsel’s erroneous advice.
False statement under oath in naturalization proceeding
The text of §1425(a) makes clear that, to secure a conviction, the Government must establish that the defendant’s illegal act played a role in her acquisition of citizenship.
Sixth Amendment Violation, Ineffective Assistance of Counsel
In the context of a public-trial violation during jury selection, where the error is neither preserved nor raised on direct review but is raised later via an ineffective-assistance-of-counsel claim, the defendant must demonstrate prejudice to secure a new trial.
Jurisdiction
California courts lack specific jurisdiction to entertain the nonresidents’ claims.
1st Amendment – Disparagement Clause – Government Speech
Simon Tam, lead singer of the rock group “The Slants,” chose this moniker in order to “reclaim” the term and drain its denigrating force as a derogatory term for Asian persons.
Expert Examination
Ake clearly established that when certain threshold criteria are met, the state must provide a defendant with access to a mental health expert who is sufficiently available to the defense and independent from the prosecution to effectively “conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense.”
Polls
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