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Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1
Loaded on Jan. 19, 2018
by Tara Hoveland, Kent Russell
published in Criminal Legal News
February, 2018, page 12
by Attys. Kent Russell & Tara Hoveland
This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on “AEDPA,” the federal habeas corpus law that now governs habeas corpus practice in courts ...
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More from this issue:
- Secret ATF Slush Fund Dispensed Millions, by Christopher Zoukis
- Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order, by Dale Chappell
- The Fair Punishment Project Details an “Epidemic of Brady Violations”, by Christopher Zoukis
- Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds, by Topher Sanders
- Cryptocurrency Leveraged to Help People Make Bail, by Derek Gilna
- What Is the Number One Duty of a Police Officer?, by Christopher Zoukis
- Deaths From Police Shootings Outstrip Deaths From Terrorists Attacks, Wars, by Derek Gilna
- Massachusetts Breathalyzer Malfunctions, Evidence Withheld
- Fifth Circuit Vacates Sex Offender Supervised Release Conditions, by Mark Wilson
- Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges, by Mark Wilson
- Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders, by David Reutter
- “My Phone Was My Life”—Challenging Warrantless Border Searches of Devices, by Dale Chappell
- Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors, by Richard Resch
- 10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie, by Richard Resch
- Georgia Hearsay Admissible Under Co-Conspirator Exception, by Mark Wilson
- Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule, by Christopher Zoukis
- Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause, by Christopher Zoukis
- North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search, by David Reutter
- Compensating the Exonerated: State Laws Are Arbitrary and Senseless, by Christopher Zoukis
- Oregon Court Vacates Order Refusing to Seal Arrest Record, by Mark Wilson
- Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged, by Mark Wilson
- More Than Half of 2015 Police Killings Not Properly Documented in Government Data, by Christopher Zoukis
- Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests, by Christopher Zoukis
- 50 Alabama Cities Reform Bail Practices for Poor, by David Reutter
- Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy, by Mark Wilson
- Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit, by Christopher Zoukis
- 11th Circuit Rules Counsel Deficient for Failing to Challenge “Usable” Amount in Drug Case, by David Reutter
- Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP, by Mark Wilson
- In Historic Move, 15 Cases Related to Crooked Chicago Cop Thrown Out, by Christopher Zoukis
- Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance, by Mark Wilson
- Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued, by Mark Wilson
- Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion, by Dale Chappell
- Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1)
- The Insanity Defense: It’s Not What You Think, by Christopher Zoukis
- Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity, by Mark Wilson
- New York Court of Appeals: Criminal Trial Judge Cannot Also Be Sole Appellate Judge
- $5.5 Million Verdict Against Los Angeles Police Department for Taser Death
- Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law
- Stingray Technology Lets G-Men Into Your Pocket (and Your House, and Your Car...), by Christopher Zoukis
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, by Tara Hoveland, Kent Russell
- Confronting the Myth in Police-Suspect Knife Confrontations, by Derek Gilna
- Yes, Lawsuits Are Expensive—But So Is Police Misconduct, by Antonio Romanucci
- $44.7 Million Awarded to Man Shot by Intoxicated Chicago Police Officer With Troubled History, by Derek Gilna
- District Attorney in New York and Aide Indicted for Covering up Beating by Police Chief, by Derek Gilna
- From the Editor, by Richard Resch
- Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes
- News in Brief
- Have the Wars on Drugs and Terror Transformed the U.S. Into a Police State?, by Derek Gilna
More from Tara Hoveland:
- Habeas Hints: Discovery on Habeas Corpus, May 15, 2019
- Habeas Hints: SCOTUS Review 2017-18, Jan. 17, 2019
- Habeas Hints: Evaluating and Initiating IAC Claims, Nov. 28, 2018
- Habeas Hints: Understanding and Satisfying the Strickland Test for IAC, May 15, 2018
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, Jan. 19, 2018
- Habeas Hints: SCOTUS Review 2016–17, Nov. 16, 2017
More from Kent Russell:
- Habeas Hints: Discovery on Habeas Corpus, May 15, 2019
- Habeas Hints: SCOTUS Review 2017-18, Jan. 17, 2019
- Habeas Hints: Evaluating and Initiating IAC Claims, Nov. 28, 2018
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, Jan. 19, 2018
- Habeas Hints: SCOTUS Review 2016–17, Nov. 16, 2017
- Habeas Hints, Oct. 26, 2015
- Habeas Hints: Supreme Court Habeas Review 2014, Nov. 8, 2014
- Habeas Hints: Evidentiary Hearings, May 15, 2006
- Habeas Hints: How to Get DNA Testing, Feb. 15, 2006
- Habeas Hints, Sept. 15, 2005
More from these topics:
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.
