Alvin E. Thomas v. United States
HabeasCorpus
Is automatic reversal required where a defendant was denied counsel of choice due to the ineffective assistance of counsel?
QUESTION PRESENTED In Weaver v. Massachusetts, 137 S. Ct. 1899, 1911-12 (2017), this Court left open the question of whether a claim of ineffective assistance of counsel on collateral review alleging that counsel’s deficient performance resulted in structural error leading to fundamental unfairness requires automatic reversal or a showing of actual prejudice. In United States v. Gonzalez-Lopez, 548 U.S. 140, 146 (2006), this Court held that the denial of a defendant’s right to counsel of choice results in structural error because the Sixth Amendment “commands, not that a trial be fair, but that a particular guarantee of fairness be provided—to wit, that the accused be defended by the counsel he believes to be best.” The question presented is this: Is automatic reversal required where a defendant was denied counsel of choice due to the ineffective assistance of counsel? i