waiver-standard
2 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 20-8199 | Isiah Lamonte Brown v. California | California | 2021-06-03 | Denied | Response WaivedIFP | constitutional-remedy counsel-ineffectiveness counsel-violation criminal-procedure fundamental-autonomy prejudice prejudice-analysis right-to-testify standard-of-review waiver waiver-standard | What standard of prejudice must be satisfied to reverse a conviction due to counsel's violation of the defendant's right to testify? |
| 19-8099 | Brandon Perry Smith v. Utah | Utah | 2020-03-25 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment heightened-clarity miranda-rights sixth-amendment state-courts suspect-comprehension waiver-standard | Have the Utah courts adopted a rule of law which, in applying the 'heightened clarity' standard as expanded by Berghuis v. Thompkins, dispensed with a… |