No. 18-671
Kurt Robert Smith v. Anna Valentine, Warden
Response Waived
Tags: 28-usc-2254 aedpa federal-law federal-review habeas-corpus ignorance-of-law ineffective-assistance ineffective-assistance-of-counsel legal-ignorance reasonable-counsel strategic-decision
Latest Conference:
2019-01-11
Question Presented (from Petition)
1. Must a court reviewing counsel's failure to investigate first determine whether the basis for the failure was counsel's ignorance of the law, or another non-strategic reason, before it can evaluate whether counsel's stated strategy was "reasonable"?
2. Does a state court who gives deference to counsel's strategic judgments where no deference is owed unreasonably apply clearly established Federal law under 28 U.S.C. § 2254(d)?
Question Presented (AI Summary)
Must a court reviewing counsel's failure to investigate first determine whether the basis for the failure was counsel's ignorance of the law, or another non-strategic reason, before it can evaluate whether counsel's stated strategy was 'reasonable?
Docket Entries
2019-01-14
Petition DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-20
Waiver of right of respondent Anna Valentine, Warden, Kentucky State Reformatory to respond filed.
2018-11-21
Petition for a writ of certiorari filed. (Response due December 26, 2018)
2018-10-03
Application (18A341) granted by Justice Kagan extending the time to file until November 22, 2018.
2018-09-27
Application (18A341) to extend the time to file a petition for a writ of certiorari from October 8, 2018 to November 22, 2018, submitted to Justice Kagan.
Attorneys
Anna Valentine, Warden, Kentucky State Reformatory
Todd Dryden Ferguson — Office of the Attorney General, Respondent
Kurt Robert Smith
Timothy G. Arnold — Department of Public Advocacy, Petitioner