January 20, 2014
by Jason Kellam
JURIST Guest Columnists David Debold of Gibson, Dunn & Crutcher and Akiva Shapiro of Gibson, Dunn & Crutcher discuss ineffective counsel with respect to the recent US Supreme Court case..."We are living in a plea-bargaining world" could be the theme song for our criminal justice system. ...[read more]
November 5, 2013
by Cynthia Miley
The US Supreme Court ruled Tuesday in Burt v. Titlow that the US Court of Appeals for the Sixth Circuit did not apply an appropriate standard of review when it ruled that counsel was ineffective. Justice Samuel Alito wrote the opinion, explaining that, in the context of a prisoner asking a federal ...[read more]
May 28, 2013
by Jaclyn Belczyk
The US Supreme Court ruled 5-4 Tuesday in Trevino v. Thaler that last term's decision in Martinez v. Ryan on ineffective assistance of counsel claims should apply in this case. In Martinez an Arizona procedural rule required a defendant convicted at trial to raise a claim of ineffective assistance ...[read more]
February 26, 2013
by Julia Zebley
The US Supreme Court granted certiorari in two new cases on Monday. In Burt v. Titlow the court will consider several issues surrounding ineffective counsel under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). In the case, Vonlee Titlow was advised to reject a plea deal after ...[read more]
October 31, 2012
by Katherine Bacher
On October 31, 2011, the US Supreme Court heard oral arguments in two cases involving ineffective assistance of counsel, during which the Court was asked to determine how poor legal advice regarding plea bargaining should impact guilty verdicts. The first case was Lafler v. Cooper; one party's ...[read more]
April 30, 2012
by Jaclyn Belczyk
The US Supreme Court granted certiorari Monday in Chaidez v. United States to rule on an ineffective assistance of counsel claim. In 2010, the court held in Padilla v. Kentucky that the Sixth Amendment guarantee of effective assistance of counsel requires a criminal defense lawyer to advise a non- ...[read more]
March 22, 2012
by Maureen Cosgrove
The US Supreme Court ruled 5-4 Wednesday in Missouri v. Frye that the Sixth Amendment right to effective assistance of counsel applies during "all 'critical' stages of the criminal proceedings," including considerations of plea offers that lapse or are rejected. Respondent Galin Frye was offered ...[read more]
March 20, 2012
by Jaclyn Belczyk
The US Supreme Court ruled 7-2 Tuesday in Martinez v. Ryan on a defendant's ineffective assistance of counsel claim. Luis Mariano Martinez was convicted on two sexual assault counts related to the alleged rape of his stepdaughter and is serving consecutive sentences of 35 to life. During the ...[read more]
October 31, 2011
by Jaclyn Belczyk
The US Supreme Court heard oral arguments Monday in two cases regarding ineffective assistance of counsel. In both cases, the court is being asked to determine how poor legal advice from attorneys to clients regarding plea bargaining should impact subsequent guilty verdicts. In Lafler v. Cooper ... ...[read more]
May 14, 2011
by Dwyer Arce
On May 14, 2007, the US Supreme Court ruled 5-4 that a US district judge did not abuse his discretion in refusing to allow an Arizona death row inmate to pursue an ineffective assistance of counsel claim after the inmate refused to allow his lawyer to present mitigating evidence at his sentencing ...[read more]

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