Monday, January 7, 2019

Cert. Denials in Jury Trial and Ineffective Assistance Cases

The U.S. Supreme Court declined to take up two cases over written dissents. Hester v. United States involves a question of whether the right to jury trial extends to the facts needed to impose a restitution fine. Lance v. Sellers involves a Georgia Supreme Court decision in a capital case on the "prejudice" prong of Strickland v. Washington, i.e., that no relief is available because the case was so overwhelming that there is no reasonable probability that it would have come out differently if the jury had been presented with the omitted evidence.

Amy Howe describes these two cases further in her report on the day's SCOTUS activities.

Cert. Denials in Jury Trial and Ineffective Assistance Cases curated from Crime and Consequences Blog

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