strickland-test

23 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-7062 Rene Daniel Villareal v. Texas Texas 2026-03-18 Pending IFP appellate-review criminal-procedure habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-test Whether the Texas Court of Criminal Appeals Erred In Rejecting the Trial Court's Recommendation For Habeas Relief On The Basis That Trial Counsel Rend…
25-6835 Laurence Sessum v. United States Fourth Circuit 2026-02-17 Denied Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance-of-counsel rejected-plea sixth-amendment strickland-test 1. Whether this Court's contemporaneous-evidence requirement from Lee v. United States, 582 U.S. 357 (2017), applies only to accepted-plea cases and i…
25-99 William Thomas Hudson, III v. Michael Meisner, Warden Seventh Circuit 2025-07-25 Denied Response Waived ineffective-assistance investigation-deficiency prejudice-standard right-to-counsel sixth-amendment strickland-test Whether a court evaluating an ineffective assistance of counsel claim may rely on the testimony of counsel who has failed to conduct an adequate inves…
24-5726 William Hudson v. Brian Emig, Warden, et al. Third Circuit 2024-10-08 Denied Response WaivedIFP digital-search fourth-amendment ineffective-assistance sixth-amendment strickland-test warrant-particularity I.) Willliam Hudson's case raises an important issue not settled by^his Court and one that is in conflict with other United States Court of Appeals an…
23-5973 Richard C. Duerson v. United States Sixth Circuit 2023-11-08 Denied Response WaivedRelisted (2)IFP constitutional-error constitutional-rights criminal-procedure critical-stage cronic-standard due-process due-process-rights ineffective-assistance-of-counsel prejudice strickland-test strickland-v-washington united-states-v-cronic 1.) Has the Supreme Court overruled United States v. Cronic, eliminating the presumption that an accused has suffered Constitutional error without the…
23-5808 Rodney Jennings v. Shawn Phillips, Warden Sixth Circuit 2023-10-17 Denied Response WaivedRelisted (2)IFP appellate-review certificate-of-appealability doyle-rule doyle-v-ohio habeas-corpus ineffective-assistance-of-counsel jackson-standard jackson-v-virginia legal-sufficiency strickland-test strickland-v-washington Did the court of appeals err in denying a certificate of appealability and in evaluating petitioner's claim under Jackson v. Virginia, Doyle v. Ohio, …
23-5573 Lashun Tracy Tinnen v. United States Fourth Circuit 2023-09-13 Denied Response WaivedIFP constitutional-rights criminal-procedure defense-counsel habeas-corpus ineffective-assistance legal-precedent performance-evaluation right-to-counsel sixth-amendment strickland-standard strickland-test In light of the facts of this case, was the defense counsel ineffective in light of this court's precedent in Strickland v. Washington, 466 U.S. 668 (…
23-5489 Lonnie Dee Brown v. Oklahoma Oklahoma 2023-08-30 Denied IFP appellate-review criminal-procedure daubert daubert-standard evidence expert-testimony ineffective-assistance kumho-tire standard-of-review strickland-test 1. Whether the Oklahoma Court of Criminal Appeals ' review of trial courts decisions to admit or exclude expert testimony comport with the United St…
23-5431 Bryan K. Brown v. Ron Neal, Warden, et al. Seventh Circuit 2023-08-24 Denied Response WaivedIFP access-to-courts civil-rights constitutional-rights court-of-appeals due-process felony-murder habeas-corpus prison-law-library strickland-standard strickland-test The Court of Appeals opinion substantially departs from law and practice by finding that the Defendant's actions, which the court deemed "negligent", …
23-5306 Kenneth Ray Holbert, Sr. v. Texas Texas 2023-08-09 Denied IFP abuse-of-discretion constitutional-right direct-appeal ineffective-assistance legal-burden state-court state-court-procedure strickland-standard strickland-test summary-reversal two-pronged Where a Strickland claim is appropriately raised on direct appeal, may a state court add to the two-pronged Strickland test a burden of showing the tr…
22-6811 A. B. v. West Virginia West Virginia 2023-02-17 Denied Response RequestedResponse WaivedRelisted (2)IFP 28-usc-2254 conflict-of-interest criminal-justice-system cuyler-standard cuyler-v-sullivan ineffective-assistance prejudice-standard strickland-test strickland-v-washington successive-conflict successive-representation Where a defendant's lawyer owed conflicting duties to her and a former client, should she receive a new trial if the actual conflict adversely affecte…
21-7449 Leonard S. Taylor v. Paul Blair, Warden Eighth Circuit 2022-03-23 Denied IFP capital-punishment capital-trial closing-argument ineffective-assistance ineffective-assistance-of-counsel martinez-standard martinez-v-ryan mccoy-v-louisiana nixon-v-florida sixth-amendment strickland-test strickland-v-washington 1. Whether the decision to forego a closing argument in the penalty phase of a capital murder trial is a tactical decision for trial counsel to make o…
21-5419 Dilang Dat v. United States Eighth Circuit 2021-08-20 Denied Response WaivedIFP criminal-defense criminal-plea deportation deportation-consequences due-process-advice immigration-consequences ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-united-states strickland-test Does trial counsel advising a criminal defendant that he "could" be deported for entering a guilty plea breach trial counsel's duty to give "clear and…
20-776 Gregory Williams v. Leonta Jackson, Warden Seventh Circuit 2020-12-07 Denied Response Waived criminal-defendant criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-exposure strickland-standard strickland-test 1. When a criminal defendant is considering whether to accept a plea offer, is defense counsel's failure to advise the defendant of his or her sentenc…
20-5221 Arthur James Martin v. Florida Florida 2020-07-30 Denied IFP brady-violation capital-trial criminal-procedure cumulative-error cumulative-error-analysis giglio-violation ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief strickland-test trial-counsel 1. Whether trial counsel's failure to investigate and present evidence that significantly undermines the State's case is deficient performance that re…
20-5086 Johnny Mack Sketo Calhoun v. Florida Florida 2020-07-16 Denied IFP brady-violation cumulative-error cumulative-error-analysis exculpatory-evidence giglio-violation ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-test trial-counsel 1. Whether trial counsel's failure to investigate and present exculpatory evidence, which significantly undermines the State's evidence is deficient p…
19-8833 Christopher Mann v. Maryland Maryland 2020-06-26 Denied Response WaivedIFP abuse-of-discretion constitutional-review criminal-appeal criminal-procedure ineffective-assistance ineffective-assistance-of-counsel maryland-court-of-appeals prejudice strickland-prejudice strickland-test weaver-precedent weaver-v-massachusetts Has the Maryland Court of Appeals abused its discretion by applying Weaver v. Massachusetts(, 137 S. Ct. 1899 (2017)) to mandate looking at the streng…
19-7024 Germira Lamar Carter v. Michigan Michigan 2019-12-19 Denied Response WaivedIFP constitutional-violation criminal-conviction criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-test WHERE THE STATE COURTS OF MICHIGAN HAS CONVICTED A CRIMINAL DEFENDANT IN VIOLATION OF HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL, IS…
18-8666 Tremane Wood v. Mike Carpenter, Interim Warden Tenth Circuit 2019-04-02 Denied IFP circuit-court-review death-penalty federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence state-court-deference strickland-standard strickland-test Tremane Wood was one of four defendants charged with crimes related to the death of Ronnie Wipf, which occurred in Oklahoma City, Oklahoma on January …
18-8624 Bruce Elliott Miller v. Alabama Eleventh Circuit 2019-03-29 Denied Response WaivedIFP actual-innocence aedpa-procedural-bar constitutional-deficiency due-process fifth-amendment habeas-corpus indictment ineffective-assistance ineffective-assistance-of-counsel statute-of-limitations strickland-standard strickland-test TRIAL COUNSEL FAILURE TO MAKE A TIMELY OBJECTION OR FILE A PRETRIAL MOTION TO DISMISS A FATALLY FLAWED INDICTEMENT CANNOT VALIDATE A "CONSTITUTIONALLY…
18-8565 Evender Gene Jackson v. Texas Texas 2019-03-26 Denied IFP 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 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, WH…
18-7374 David Mejia v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-11 Denied Response WaivedIFP aedpa counsel-performance fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-hoc-rationalization sixth-amendment strickland-test strickland-v-washington wiggins-v-smith Has the Fifth Circuit erred in holding, that in an ineffective assistance of counsel claim under AEDPA, a court may indulge "post hoc rationalization"…
18-6577 Ernesto Wilfredo Solano Godoy v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2018-11-07 Denied IFP confrontation-clause due-process fourth-circuit-review habeas-corpus ineffective-assistance-of-counsel phone-records strickland strickland-standard strickland-test sufficiency-of-evidence witness-testimony 1-Petitioner alleges that his trial counsel was ineffective by allowing testimony and evidence to be presented to the jury in violation of the Confron…