trial-strategy

58 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A600 Raymon Walters v. United States Third Circuit 2025-11-20 Application counsel-concession criminal-defense element-challenge mccoy-right sixth-amendment trial-strategy Whether the Sixth Amendment permits defense counsel to concede an element of a charged crime over the defendant's objection
25-6094 Chimene Hamilton Onyeri v. United States Fifth Circuit 2025-11-13 Denied Response WaivedIFP effective-assistance-of-counsel evidentiary-hearing law-enforcement-testimony rico-conspiracy sixth-amendment trial-strategy I. Should a writ of certiorari be granted to determine whether a defendant is denied his Sixth Amendment right to conflict-free counsel where trial co…
24-7086 Bakari Abdul Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-04-29 Denied IFP appellate-conflict constitutional-law criminal-procedure ineffective-assistance prior-conviction trial-strategy Whether a conflict exists among appellate courts regarding trial counsel's effectiveness when invoking Old Chief to mitigate prejudicial prior felony …
24-6437 Armando Molina v. United States Ninth Circuit 2025-01-31 Denied Response WaivedIFP criminal-defense defendant-rights defense-counsel entrapment sixth-amendment trial-strategy Whether the Sixth Amendment right to determine the objectives of one's own defense is violated when defense counsel, against the defendant's wishes, s…
24-5896 Matthew Myke v. Wisconsin Wisconsin 2024-11-01 Denied Response WaivedIFP character-evidence criminal-procedure ineffective-assistance sexual-assault trial-strategy witness-testimony Whether failure to advise an accused about testifying and developing character evidence constitutes ineffective assistance of counsel in a sexual assa…
24-5838 Joseph Boswell, Sr. v. United States Fifth Circuit 2024-10-28 Denied Response WaivedIFP appellate-review circuit-split count-of-conviction evidentiary-standard spillover-prejudice trial-strategy When an appellate court vacates some, but not all, counts of conviction on appeal, what standard or test should the appellate court apply to determine…
24A362 Utah v. Douglas A. Lovell Utah 2024-10-17 Presumed Complete capital-murder ineffective-assistance mitigation-witness religious-testimony strickland-standard trial-strategy Whether a criminal defendant's ineffective assistance of counsel claim can be established when trial counsel strategically chose not to object to pote…
23-6999 Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-15 Denied IFP constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy Is it permissible for counsel to unilaterally concede the actual charge act of the offense when guilt and punishment is the sole issue for the jury?
23-6316 Daniel Vincent v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2023-12-21 Denied IFP alternative-suspects conflict-with-circuits due-process eyewitness-testimony identification-evidence ineffective-assistance jury-instructions mistaken-identification sixth-amendment trial-strategy Is a defendant denied due process if his claim is not addressed by state or federal courts?
23-6139 Milton Dwayne Gobert v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-30 Denied IFP client-instructions habeas-corpus ineffective-assistance ineffective-assistance-of-counsel per-se-rule sixth-amendment strickland-standard strickland-v-washington substitution-of-counsel trial-counsel trial-strategy Does this Court's clearly established precedent under Strickland v. Washington permit lower courts to hold that trial counsel's performance categorica…
23-5541 Mark A. Hartle v. New York New York 2023-09-07 Denied Response WaivedIFP conflict-of-interest criminal-defense due-process ineffective-assistance-of-counsel judicial-inquiry professional-ethics professional-responsibility prosecutorial-misconduct right-to-counsel trial-strategy Is a criminal defendant denied their right to effective assistance of counsel when there are indications, of which the defendant was unaware, that tri…
23-5379 Everett Charles Wills, II v. Louisiana Louisiana 2023-08-17 Denied Response WaivedIFP actus-reus counsel-concession criminal-defendant-rights criminal-procedure ineffective-assistance-of-counsel mens-rea retroactivity right-to-counsel sixth-amendment trial-strategy When guilt is the sole issue for the jury to decide, is it permissible for counsel to unilaterally concede the essential elements (actus reus and mens…
22-7877 Corey Coggins v. Murray Tatum, Warden Georgia 2023-06-27 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel joint-defense-agreement sixth-amendment strickland-standard strickland-v-washington trial-strategy Is it ineffective assistance of counsel for a court-appointed attorney to enter into a joint defense agreement without client consent, waiving 4th Ame…
22-7491 Orlando Ocasio v. Joseph Noeth, Superintendent, Attica Correctional Facility Second Circuit 2023-05-09 Denied IFP constitutional-rights criminal-procedure due-process expert-testimony expert-witness fair-trial habeas-corpus ineffective-assistance-of-counsel medical-evidence trial-strategy Was Mr.Ocasio deprived of his constitutional rights to effective assistance of counsel?
22-7426 George Donald Hatt, Jr. v. Washington Washington 2023-05-01 Denied IFP criminal-procedure effective-assistance-of-counsel informed-consent informed-decision mandatory-minimums offender-score plea-bargain plea-negotiations trial-strategy Does effective assistance of counsel in a plea bargain context requires that counsel actually and substantially assist a client in deciding whether to…
22-7407 Derrick D. Hayes v. Illinois Illinois 2023-04-28 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance prejudice right-to-counsel trial-strategy Whether the petitioner's trial attorney rendered constitutionally ineffective assistance by pursuing a defense that was patently untenable and doomed …
22-7126 Andre Chandler, aka Mac Dre v. United States Second Circuit 2023-03-28 Denied Response WaivedIFP attorney-client-privilege constitutional-rights due-process government-misconduct prejudice sixth-amendment trial-strategy witness-cooperation witness-debriefing Did the government violate Petitioner's Sixth Amendment rights
22-6350 Raul Alvarez v. New York New York 2022-12-20 Denied Amici (1)Response WaivedIFP actual-innocence constitutional-rights court-objection criminal-defense criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-strategy Must a client object in open court to invoke their Sixth Amendment right to maintain actual innocence as the objective of their defense?
22-5619 Deonte Lewis v. Ohio Ohio 2022-09-20 Denied IFP competency-challenge constitutional-law constitutional-right due-process ineffective-assistance-of-counsel legal-presumption performance-competency strickland strickland-standard trial-strategy Whether the presumption of reasonable trial strategy in Strickland creates an irrebuttable bar to performance competency challenges in ineffective ass…
22-5283 Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-08-04 Denied Response WaivedIFP consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy Whether trial counsel's Sixth Amendment duties require affirmative assistance in guilty-plea decision
22-5091 Tyre Bradbury v. Indiana Indiana 2022-07-13 Denied Response WaivedIFP all-or-nothing-strategy criminal-defense criminal-procedure defendant-consultation ineffective-assistance-of-counsel legal-strategy lesser-included-offenses performance-deficiency strickland-standard strickland-v-washington trial-strategy Is the decision not to tender available lesser included offense instructions an 'important decision' under Strickland v. Washington?
22-5047 Jermaine Blackwell v. Jeff Nines, Warden, et al. Fourth Circuit 2022-07-07 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance plea-bargain plea-bargaining right-to-counsel sentencing trial-counsel trial-strategy Ineffective-assistance-of-counsel
21-8174 Scott Svoboda v. Ohio Ohio 2022-06-17 Denied IFP attorney-client-privilege attorney-client-relationship confiscation criminal-procedure effective-assistance-of-counsel prosecutorial-misconduct right-to-counsel sixth-amendment trial-strategy Whether a criminal defendant is denied his right to the effective assistance of counsel
21-8135 Zachary Chandler v. United States Eleventh Circuit 2022-06-14 Denied Response WaivedIFP adversarial-testing criminal-defense criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-sympathy sixth-amendment sympathy-defense trial-strategy Whether counsel was ineffective due to defense strategy
21-8044 Bobby Dewayne Thompson, II v. United States Ninth Circuit 2022-06-03 Denied Response WaivedIFP constitutional-rights criminal-defense due-process firearm-possession ineffective-assistance ineffective-assistance-of-counsel jury-instructions right-to-counsel second-amendment trial-strategy Did trial counsel entirely fail to present a defense to illegally possessing a firearm by conceding that Thompson possessed a gun when the court's ins…
21-7737 Justin L. Douglas v. Wisconsin Wisconsin 2022-04-28 Denied Response WaivedIFP appellate-review civil-rights counsel criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence search-and-seizure standing trial-strategy Did the Supreme Court of Wisconsin err in ruling on the defendant's right to effective counsel?
21-7651 Manuel Martinez v. Illinois Illinois 2022-04-19 Denied Response WaivedIFP appellate-review criminal-procedure dna-evidence due-process exculpatory-evidence ineffective-assistance-of-counsel ineffective-counsel miranda-rights post-conviction-relief trial-strategy Whether the defendant was denied effective assistance of counsel where defense counsel failed to adequately understand and present the significance of…
21-1146 Gary McClain v. Texas Texas 2022-02-17 Denied client-autonomy criminal-procedure criminal-trial defense-counsel fundamental-rights right-to-counsel sixth-amendment structural-error trial-strategy Whether defense counsel's concession of guilt during the guilt phase of trial, without the client's permission, violates the client's Sixth Amendment …
21-1080 Jacky Scott Garrett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-04 Denied capital-murder constitutional-review extraneous-offense-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudicial-error standard-of-review strategic-decision trial-strategy Whether trial counsel's inadvertent act was 'strategic'
21-6897 Ramon Torres Ruelas v. Troy Bowser, Superintendent, Two Rivers Correctional Institution Ninth Circuit 2022-01-18 Denied Response WaivedIFP child-sex-case child-sex-crimes credibility-of-witnesses criminal-defense evidentiary-sufficiency ineffective-assistance-of-counsel lack-of-admissions lack-of-eyewitness-testimony lack-of-physical-evidence trial-strategy witness-credibility Whether trial counsel need not investigate witnesses with critical information relating to the putative victims' credibility in a child sex case where…
21-6734 Roger Dale Epperson v. Kentucky Kentucky 2021-12-28 Denied IFP constitutional-law counsel-concession criminal-defense criminal-procedure defendant-autonomy due-process factual-innocence right-to-counsel trial-strategy Does McCoy apply where the defendant made clear to counsel the objective of the defense is to maintain innocence, only for counsel to then concede gui…
21-6164 Julia Lagunas-Hernandez v. United States Eighth Circuit 2021-11-04 Denied Response WaivedIFP burden-of-proof cell-phone-search constitutional-rights defense-counsel fair-trial jury marital-communication marital-communications prosecutorial-misconduct trial-strategy Whether the United States committed prosecutorial misconduct, depriving Petitioner of a fair trial
21-5363 Christopher Cope v. Darrel Vannoy, Warden Fifth Circuit 2021-08-13 Denied Response WaivedIFP client-autonomy constitutional-right criminal-defense criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-strategy Whether petitioner was denied his constitutional right to have effective assistance of counsel
20-8444 Dustin Melvin Davison v. Oklahoma Oklahoma 2021-06-29 Denied IFP autonomy constitutional-rights criminal-procedure defendant-autonomy defense-counsel due-process effective-assistance-of-counsel guilt-concession right-to-counsel sixth-amendment trial-strategy Is it unconstitutional to allow defense counsel to concede any aspect of guilt over defendant's unambiguously expressed desire to maintain actual inno…
20-8051 Lucas Kenneth Sabatino v. United States Fourth Circuit 2021-05-18 Denied Response WaivedIFP criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-capacity prejudicial-error sixth-amendment trial-strategy Whether defense counsel committed prejudicial ineffective assistance of counsel by failing to raise issues relating to defendant's mental capacity at …
20-7893 Anthony Edward Bridget v. California California 2021-04-29 Denied IFP criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment trial-strategy Whether it is allowed for a judge to tell a jury who is biased to continue their belief in the defendant without a trial to defend against newly disco…
20-7616 Deshun Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-03-31 Denied IFP constructive-denial cronic cronic-standard effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions sentencing sixth-amendment trial-counsel trial-strategy Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury t…
20-7230 Stanley Joseph Thompson v. United States Eleventh Circuit 2021-02-25 Denied Response WaivedIFP constitutional-provisions counsel-concession criminal-defense criminal-defense-counsel due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana prejudice sixth-amendment trial-strategy Whether the Sixth Amendment permits criminal-defense-counsel to unilaterally-concede-guilt,
20-7214 Eric Kurt Patrick v. Florida Florida 2021-02-23 Denied IFP fifth-amendment impartial-jury ineffective-assistance-of-counsel juror-bias sixth-amendment trial-strategy voir-dire Where the purpose of voir dire is to empanel an impartial jury as guaranteed by the Sixth Amendment, but an actual biased juror is not removed for cau…
20-637 Darrell Hemphill v. New York New York 2020-11-10 Judgment Issued Amici (14)Response RequestedResponse WaivedRelisted (3) confrontation-clause constitutional-rights criminal-procedure evidence evidence-law hearsay-exception right-to-confrontation testimonial-hearsay trial-strategy Whether, or under what circumstances, a criminal defendant who opens the door to responsive evidence also forfeits his right to exclude evidence other…
20-5708 Fagbemi Miranda v. Massachusetts Massachusetts 2020-09-15 Denied Response WaivedIFP criminal-defense criminal-procedure defendant-rights fundamental-decision fundamental-decisions legal-representation right-to-counsel self-representation sixth-amendment trial-strategy Does the defendant's Sixth Amendment right to make fundamental decisions about his case include the right to choose which defense to present at trial?
20-5217 David Kelsey Sparre v. Florida Florida 2020-07-30 Denied IFP adolescent-brain-development brain-development constitutional-rights first-degree-murder harmless-error ineffective-assistance-of-counsel juvenile-sentencing prejudice trial-strategy Whether trial counsel's failure to investigate and execute the defense trial strategy results in prejudice?
19-7325 Hope K. Kantete v. United States Third Circuit 2020-01-16 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-process post-conviction-relief right-to-trial section-2255 sentencing trial-strategy Whether the lower courts erred by failing to rule or even consider on the record whether Ms Kantete was advised of her 'risk factors' in proceeding to…
19-7054 Philip Rogers v. Debbie Asuncion, Warden Ninth Circuit 2019-12-23 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure drug-use evidence foreseeability ineffective-assistance reasonable-doubt trial-strategy vehicular-homicide Did the failure to introduce evidence that the pedestrian had cocaine in her system render counsel's assistance constitutionally ineffective?
19-6731 Travell Henry v. Patrick Warren, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel investigation right-to-counsel self-incrimination sixth-amendment trial-strategy witness witness-testimony Was Mr. Henry's trial counsel, Patrick Nyenhus, failed to provide constitutionally effective assistance of counsel?
19-6558 Antonio Lebaron Melton v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-07 Denied IFP due-process federal-court-review federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-findings state-court state-court-deference strickland-v-washington trial-strategy wilson-v-sellers witness-investigation Whether Wilson v. Sellers requires faithful adherence to the last reasoned decision of a state court, or may federal courts bolster such a decision by…
19-6141 Donnie Ray Jose v. United States Ninth Circuit 2019-10-03 Denied Response WaivedIFP criminal-procedure discovery-violation discovery-violations due-process judicial-discretion plea-negotiations prejudice prosecutorial-misconduct sanctions trial-strategy When a federal prosecutor concedes a serious discovery violation shortly before trial, should the district court's response take into account, among o…
19-6069 Kevin Dewitt Skaggs v. Ron Baker, Warden, et al. Tenth Circuit 2019-09-26 Denied IFP criminal-procedure criminal-procedure-sixth-amendment cumulative-analysis evidence expert-consultation expert-witness ineffective-assistance-of-counsel overwhelming-evidence pre-trial-investigation sixth-amendment strickland-standard strickland-v-washington trial-strategy Whether defense counsel performs unreasonably under the Sixth Amendment
19-5836 Dennis Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-05 Denied IFP appellate-review constitutional-due-process effective-assistance-of-counsel evidentiary-ruling ineffective-assistance-of-counsel judicial-error plea-bargaining prejudice reasonable-performance reasonable-probability sixth-amendment standard-of-review strickland-v-washington trial-fairness trial-strategy Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to properly investigate a…
19-5769 Daniel J. Whitt v. Michele Buckner, Warden Eighth Circuit 2019-08-30 Denied IFP burden-of-proof due-process expert-testimony eyewitness-identification ineffective-assistance-of-counsel line-up-procedure lineup-procedures police-procedure trial-strategy Whether the trial attorney's pre-trial failure to secure an expert witness on eyewitness identification, which was the key piece of evidence that ulti…
18-8689 Joel Glaston Muir v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-04-04 Denied IFP clear-record constitutional-rights criminal-homicide criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel known-eyewitness legal-review lesser-degree-homicide postconviction-review right-to-counsel standard-of-review trial-counsel trial-strategy Whether initial-postconviction review counsel provided ineffective assistance
18-8070 Billie Wayne Coble v. Texas Texas 2019-02-21 Denied IFP counsel-objection criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent objection right-to-counsel sixth-amendment trial-strategy Whether the Texas Court of Criminal Appeals improperly narrowed McCoy
18-6793 Derrick Lamont Booth v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2018-11-23 Denied Response WaivedRelisted (2)IFP 6th-amendment criminal-procedure due-process expert-testimony fire-investigation ineffective-assistance-of-counsel nfpa-921 sixth-amendment standard-of-review standard-protocols trial-strategy Whether the state court violated Mr. Booth's 6th Amendment rights
18-6725 Charles Wayne Bussell v. Kentucky Kentucky 2018-11-16 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process impeachment impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-hearing post-conviction-relief postconviction-hearing sixth-amendment tainted-testimony trial-strategy witness-testimony Was defense counsel ineffective in the re-trial when he failed to object to the introduction of the tainted testimony from the first trial and when he…
18-6174 Edward Lang v. David Bobby, Warden Sixth Circuit 2018-10-02 Denied IFP deficient-performance due-process false-evidence false-theory ineffective-assistance juror-tampering presumption-of-prejudice reasonable-strategy reasonable-trial-strategy strickland-standard strickland-v-washington trial-strategy Can the presentation of false evidence, in support of a false theory, constitute a reasonable trial strategy under Strickland v. Washington?
18-5985 Jeffery Dana Sparks v. Jeff Premo, Superintendent, Oregon State Penitentiary Oregon 2018-09-14 Denied IFP constitutional-rights criminal-procedure cross-examination death-penalty evidence-presentation expert-testimony expert-witnesses ineffective-assistance ineffective-assistance-of-counsel prosecution-experts prosecution-theory trial-strategy Whether defense counsel in a death penalty trial provided effective assistance
18-5751 William Burke v. Georgia Georgia 2018-08-24 Denied Response WaivedIFP adversarial-process constitutional-fairness criminal-procedure double-jeopardy due-process evidence evidence-review fair-trial judicial-review jury-instructions post-conviction-review prosecutorial-discretion prosecutorial-misconduct trial-strategy At what point does it become fundamentally unfair to 'adjust the charges to the evidence'?
18-5184 Ahmad Sayed Hashimi v. United States Fourth Circuit 2018-07-10 GVR IFP appeal criminal-defense criminal-procedure due-process harmless-error ineffective-assistance-of-counsel right-to-counsel right-to-maintain-innocence sixth-amendment supreme-court-precedent trial-strategy Whether the case of United States v. Anmad Hashimi should be remanded for review and decision by the Fourth Circuit Court of Appeals in light of the U…