To reverse a conviction or capital sentence based on ineffective assistance of counsel, a defendant must meet the two-prong standard set out in Strickland v. Washington. The standard requires a defendant to show that (1) “counsel's performance was deficient,” and (2) “the deficient performance prejudiced
With Matt in the hosting chair this week, CR-CL's Executive Editors for Online Content, Noah Kaplan and Matt Giffin take a close look at this week's oral arguments in Fisher v. University of Texas and at the pace and process of President's Obama's judicial nominations.
Next week, the Supreme Court will hear oral argument in Setser v. United States. The cases addresses whether a federal court has authority to order a federal sentence to run consecutively with a yet-to-be-imposed state sentence.
In 2007, petitioner Monroe Setser was sentenced in federal court
Fueled by the lingering (and largely erroneous) perception of a liberal judiciary, Republican presidential candidates are calling for new legislation to curb the power of federal judges. As the Washington Post reports, a majority of the Republican field is calling for some sort of judicial
A round-up of some of the top stories in civil rights and civil liberties news.
In a Guest Commentary piece in the Detroit Free Press, former Supreme Court Justice O'Connor argued against processes in which state judges participate in competitive elections in order to secure spots on the state bench. In her own words:
"Proponents of judicial elections argue that this
Over at Towleroad, Ezra Waldman discusses the recent (disappointing) cloture vote in the Senate on the (still) pending nomination of Goodwin Liu to the 9th Circuit of Appeals. You can read his post HERE. In the meantime, Waldman has two suggestions for any aspiring appellate
After the revelation by Proposition 8 judge Vaughn Walker that he is gay and in a long-term same-sex relationship, Prop. 8 supporters are trying to have his landmark ruling striking down the California referendum vacated on the grounds that he should have recused himself. This
Dean of the law school at the University of California, Irvine, Erwin Cherminsky, and associate professor of law at Hofstra, James J. Sample, published an Op Ed piece in the New York Times yesterday arguing that the Supreme Court should limit campaign contributions in judicial