×
You've used up your 3 free articles for this month. Subscribe today.
SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination
Loaded on Aug. 15, 2020
by Douglas Ankney
published in Criminal Legal News
September, 2020, page 16
Filed under:
Per se ineffectiveness.
Location:
Texas.
by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) remanded Terence Tramaine Andrus’ case to the Texas Court of Criminal Appeals (“TCCA”), directing the TCCA “to address Strickland prejudice in light of the correct legal principles.”
Andrus, 18, was high on marijuana and PCP when he attempted a ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- State Violence, Legitimacy, and the Path to True Public Safety, by David M. Kennedy
- Floyd’s Family Might End Up Helping Pay Chauvin’s Retirement Benefits, by Kevin Bliss
- How the Courts Are Using Compassionate Release to Fix Unfair Sentences, by Dale Chappell
- Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing, by Dale Chappell
- Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt, by Dale Chappell
- The Warrior Cop Mindset, by Edward Lyon
- SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination, by Douglas Ankney
- Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination, by Douglas Ankney
- California Supreme Court: ‘Honest and Upright Life’ Possible While in Custody for Expungement Purposes, by Anthony Accurso
- Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes, by Douglas Ankney
- Third Circuit: District Court Must Personally Address Defendant During Sentencing, by Douglas Ankney
- Police Body Cams Are not a Cure-All, by Edward Lyon
- Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura, by Douglas Ankney
- Activists Seek Accountability by Pushing NYC to Make Footage From Traffic Cams Available for Archiving, by Douglas Ankney
- FBI Expands Ability to Surveil Social Media and Cellphone Location Data, by Douglas Ankney
- SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans, by Douglas Ankney
- California Court of Appeal Holds Canizales Decision Limiting Kill Zone Theory Applies Retroactively, by Matthew Clarke
- Nationwide Police Misconduct Database Available to Public, by Kevin Bliss
- Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial, by Dale Chappell
- Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence, by Douglas Ankney
- Second Circuit: Justice for Victims of Trafficking Act Applies on Per-Offender, not Per-Count Basis, by David Reutter
- Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed, by Matthew Clarke
- Hawai’i Supreme Court: Showing Jury Video of Defendant Declining Officer’s Request to Reenact Crime Violates Right to Remain Silent, by Douglas Ankney
- The Power of Filming Police, by Jayson Hawkins
- Extending the Surveillance State During the Pandemic, by Anthony Accurso
- Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance, by David Reutter
- Second Circuit Announces Categorical Approach Applies to State Convictions for Sentencing Enhancement Determination Under 21 U.S.C. § 841(b)(1)(B), by Matthew Clarke
- Guard Your Digital Privacy to Keep Your Real Self Safe, by Anthony Accurso
- Congress Unsure of Internet Data Collected by Government as PATRIOT Act Heads for Reauthorization, by Dale Chappell
- What to Do if You’re Pepper-Sprayed, by Dale Chappell
- After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder, by Michael Fortino, Ph.D
- Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made, by Dale Chappell
- Colorado Supreme Court: Plea Proviso in § 18-1-409(1) Doesn’t Bar Appeal on Manner in Which Sentence Imposed, by David Reutter
- Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification, by David Reutter
- New York Police Continue Pattern of Arrests of Low-Level Crime During COVID-19 Crisis, by Derek Gilna
- Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County, by Kevin Bliss
- Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence, by Dale Chappell
- Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense, by Douglas Ankney
- Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online, by Douglas Ankney
- Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer, by Douglas Ankney
- Minn. Supreme Court Announces Rule for Analyzing Out-of-State Convictions for Public Safety Registry Requirement Purposes, by Anthony Accurso
- Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts, by Dale Chappell
- Kentucky Supreme Court: Trial Court’s Ex Parte Discussion With Juror About Offered Bribe Was Structural Error, by Douglas Ankney
- Ban the Box not Applicable to COVID-19 Stimulus Aid, by Edward Lyon
- Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup, by Laura Smalarz
- Tear Gas: Soldiers Prohibited From Using It in Warfare but Cops Using It Against Peaceful Protesters, by Douglas Ankney
- The Lunacy of Qualified Immunity, by Edward Lyon
- I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable., by Andrew Ford
- Problems With Predictive Policing, by Jayson Hawkins
- News in Brief
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- SCOTUS Clarifies Prejudice Standard Under Strickland for Ineffective Assistance of Counsel Claims at Capital Sentencing, Nov. 1, 2024. Cause and Prejudice, Per se ineffectiveness.
- Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended, Feb. 15, 2024. Public Defenders, Strickland Standard, Per se ineffectiveness.
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
- Unyielding Pursuit of Justice or Unfulfilled Promises: Doubts Surround California Habeas Attorney, Sept. 15, 2023. Habeas Corpus, Seizure of Prisoner Funds, Per se ineffectiveness.
- Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand, June 15, 2023. U.S. Sentencing Guidelines, Resentencing, Per se ineffectiveness.
- Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC, Feb. 15, 2023. Expert Witnesses, AEDPA, Ineffective Assistance of Counsel, Per se ineffectiveness.
- Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC, June 15, 2021. Per se ineffectiveness, Confessions and Statements of Defendant.
- North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent, Nov. 25, 2020. Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness.
- Ninth Circuit: Mental Impairment that Prevented ‘Monitoring’ of Habeas Counsel’s Actions May Require Equitable Tolling, May 15, 2020. Mental Health, Periods of Delay, Per se ineffectiveness.
- U.S. v. Kaid, No. 05-4470-cr (2nd Cir.) (502 F.3d 43) (September 12, 2007) (Per Curiam), Nov. 1, 2007. Punch And Jurists, Per se ineffectiveness.