No. 22-6694

Abdiraham Haji-Hassan v. Maine

Lower Court: Maine
Docketed: 2023-02-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alternative-suspect-theory due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining postconviction postconviction-review presumption professional-assistance reasonable-professional-assistance strickland-standard
Key Terms:
HabeasCorpus
Latest Conference: 2023-03-03
Question Presented (AI Summary)

Whether the state postconviction court misapplied Strickland-v-Washington

Question Presented (OCR Extract)

No question identified. : ‘ QUESTION #1: Whether the state postconviction court misapplied Strickland v. Washington, 466 U.S. 668 (1984), by applying its “strong presumption of reasonable professional assistance” to a watered" down version of petitioner’s ineffective assistance of counsel claim when the actual claim would , arguably rebut the presumption. . 2 QUESTION #2: ; Whether in denying petitioner’s claim that he received ineffective assistance of counsel when he . was told by his lawyers that he stood a fair chance of success at trial, which caused him to | decline an offer to plead down to manslaughter, the court misapplied Lafler v. Cooper, 566 U.S. : 156 (2012), by not factoring into its assessment of the reasonableness of the advice that counsel had given up on the most compelling part of their alternative suspect case. ( | 3

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2023-02-09
Waiver of right of respondent Maine to respond filed.
2022-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2023)

Attorneys

Abdiraham Haji-Hassan
Abdiraham Haji-Hassan — Petitioner
Maine
Donald William MacomberMaine Office of Atty. Gen., Respondent