Brian Adkison v. Kelly Morriss, Acting Warden
SocialSecurity Securities Immigration
Whether the Strickland standard for ineffective assistance of counsel violates a defendant's right to a jury trial and requires clarification of prejudice presumption and plain error review
Question(s) Presented 1. This Court should grant certiorari to clarify that the content prong/proof of prejudice prong of the Strickland V. Washington Standard relative to counsel’s deficient performance regarding defendant’s right to testify is either met by prejudicial presumption or unconstitutional as the prong violates the right to a trial by jury. 2. This Court should grant certiorari to clarify that plain error is present in this case. 3. This Court should grant certiorari to clarify that Counsels failure to use impeachment testimony, that negates an element of the crime for which the defendant was convicted, constitutes ineffective assistance of counsel. 4. This Court should grant certiorari to clarify that 9-to-3 jury verdicts shall be permitted. 5. This Court should grant certiorari to clarify whether or not a defendant has the right to object in a court proceeding.