No. 18-8565
IFP
Tags: burden-of-proof constitutional-error direct-appeal harmless-error ineffective-assistance-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions standard-of-review strickland-standard strickland-test strickland-v-washington
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2019-05-23
Question Presented (AI Summary)
Whether a trial attorney's failure to object to the omission of a required jury instruction raises the burden of proof on direct appeal, where the outcome would have been different had the objection been made
Question Presented (OCR Extract)
QUESTION(S) PRESENTED . IF A TRIAL ATTORNEY'S FAILURE TO OBJECT TO THE OMMISION OF A REQUIRED INSTRUCTION FROM THE JURY CHARGE RAISES THE BURDEN : OF PROOF ON DIRECT APPEAL, WHERE, HAD TRIAL COUNSEL PROPERLY OBJECTED AT TRIAL THE OUTCOME OF THE DIRECT APPEAL WOULD HAVE BEEN DIFFERENT, DOES THE SECOND PRONG OF STRICKLAND APPLY? ti } 7 | . . PARTIES ; All parties to the case are listed in the caption of the cise on ; . the cover page. : oe \ ada | .
Docket Entries
2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2018-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2019)