Winning Cases: Ineffective Assistance of Counsel

Franklin v. Anderson, 434 F.3d 412 (6th Cir. 2005)(2254)(impartial juror; ineffective appellate counsel).

Van Patten v Deppish, 434 F.3d 1038 (7th Cir. 2006)(2254)(Ineffective assistance of counsel; counsels appearance at guilty plea via speaker phone structural error).

US v. Alferhin, 433 F.3d 1148 (9th Cir. 2006)(Ineffective assistance of counsel; erroneous jury instruction; materiality).

Cox v. Donnelly, 432 F.3d 388 (2nd Cir. 2005)(2254)(ineffective counsel failing to object to jury instruction shifting burden).

US v. Booth, 432 F.3d 542 (3rd Cir. 2005)(counsels failure to inform defendant of open plea to both charges required evidentiary hearing).

Galviz-Zapata v. US, 431 F.3d 395 (2nd Cir. 2005)(2254)(failed to file appeal claim; evidentiary hearing).

Dugas v. Coplan, 428 F.3d 317 (1st Cir. 2005)(2254)(Ineffective assistnace of counsel; failure to investigate).

Marshall v. Cathel, 428 F.3d 452 (3rd Cir. 2005)(counsel's total failure to prepare for penalty phase of capital murder trial constituted unconstitutionally ineffective assistance of counsel).

Thompson v. Varner, 428 F.3d 491 (3rd Cie. 2005)(2254)(Ineffective assistance of counsel, Kimmelman claim, suggestive photo array).

Daniels v. Woodford, 428 F.3d 1181 (9th Cir. 2005)(2254)(killed two sheriffs deputys)(defendant constructively denied his right to counsel; conflict between counsel and defendant prejudical; ineffective assistance of counsel).

Draughon v. Dretke, 427 F.3d 286 (5th Cir. 2005)(Ineffective assistance of counsel at guilt and sentencing ).

Summerlin v. Schriro, 427 F.3d 623 (9th Cir. 2005)(2254)(Ineffective assistance of counsel)(See Summerlin v. Stewart, 267 F.3d 926 (9thCir. 2001), withdrawn, 281 F.3d 836 (2002). The case was remanded for an evidentiary hearing as to whether the state trial judge was competent when he was deliberating on whether to impose the death penalty. Id. at 957. That the sentencing judge’s purported marijuana addiction did not affect his performance in Summerlin’s case.

In re Brown, 436 F.3d 699 (6th Cir. 2006)(2254)(petitioner's ineffective assistance of counsel claim could be raised in numerically second habeas petition, without subject to the AEDPA restrictions on successive petitions).

Edwards v. Lamarque, 439 F.3d 504 (9th Cir. 2006)(2254)(Ineffective assistance of counsel; eliciting testimony from petitioner sufficient to waive marital privilege).

Landrigan v. Schriro, 441 F.3d 638 (9th cir. 2006)(2254)(Ineffective assistance of counsel at death penalty phase).

Campusano v. US, 442 F.3d 770 (2nd Cir. 2006)(2255)(when defense counsel does not file requested notice of appeal and fails to file adequate Anders brief, courts may not dismiss the hypothetical appeal as frivolous on collateral review).

Davis v. Grigas, 443 F.3d 1155 (9th Cir. 2006)(2254)(Ineffective assistance of counsel remand for hearing).

Virgil v. Dretke, 446 F.3d 598 (5th Cir. 2006)(2254) (State habeas ineffective assistance of counsel winner).

US v. Embree, 169 Fed. Appx. 761 (4th Cir. 2006)(Unpublished)(Waiver of right to collateral review did not bar claim of ineffective assistance of counsel depriving him altogether of appellate proceedings).

Satterlee v. Wolfenbarger, 453 F.3rd 367 (6th Cir. 2006)(Ineffective assistance of counsel, failed to convey plea offer).

Adams v. Bertrand, 453 F.3rd 428 (7th Cir. 2006)(trial counsel’s failure to investigate properly a crucial witness, stemming from an intransigence regarding his trial strategy, however, constituted ineffective assistance of counsel. The Wisconsin Courtof Appeals acted unreasonably in its application of Stricklandto the facts on this point. We, therefore, REVERSE the decision of the district court and REMAND with instructions to grant the writ, unless the state gives Adams a new trial within 120 days.