Raleigh Figueras v. United States
HabeasCorpus Immigration
When a circuit court unambiguously and erroneously applies a subjective standard in assessing whether a habeas petitioner has established the prejudice necessary to demonstrate ineffective assistance of counsel pursuant to Strickland v. Washington, 466 USS. 668 (1984), should this Court invoke 28 U.S.C. § 2106 in order to summarily vacate and remand the case to the circuit court with directions to conduct the ineffectiveness inquiry pursuant to the proper objective standard?
QUESTION PRESENTED 1. When a circuit court unambiguously and erroneously applies a subjective standard in assessing whether a habeas petitioner has established the prejudice necessary to demonstrate ineffective assistance of counsel pursuant to Strickland v. Washington, 466 USS. 668 (1984), should this Court invoke 28 U.S.C. § 2106 in order to summarily vacate and remand the case to the circuit court with directions to conduct the ineffectiveness inquiry pursuant to the proper objective standard? i