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
Ahmad Bright was sixteen years old when he was involved in the shooting death of 19-year-old Corey Davis in 2006. In one sense, Ahmad was the last person you would expect to be caught up in a murder: he was a hardworking and ambitious full-scholarship
Gavin Grimm, a transgender boy, sued his school district for the right to use his school’s men’s restroom. Last October, the 4th Circuit Court of Appeals granted Grimm that right, and the school board appealed. On Monday, the Supreme Court issued a one-sentence ruling vacating
A few weeks ago, I wrote about ineffective assistance of counsel and plea-bargaining in the context of the upcoming Supreme Court case, Lee v. United States. In deciding Lee, the Court will consider whether it is rational for a noncitizen defendant, despite strong inculpatory evidence against
In 2009, Jae Lee–a legal resident but not an American citizen– was charged with possession of ecstasy with intent to distribute. The evidence against Lee was staggering, and his lawyer incorrectly promised that a plea deal would not put him in danger of deportation. The
This term, the U.S. Supreme Court will decide whether the judicially created “provocation rule” comports with the Court’s precedents. The action under review, Mendez v. County of Los Angeles, involves an incident that occurred in the desert town of Lancaster, California, where sheriff deputies unlawfully
Professor Klarman joined the Harvard Law School faculty in 2008. He is the Kirkland & Ellis Professor, and focuses on constitutional law and constitutional history. In particular, professor Klarman focuses on race in the context of constitutional history. He came to Harvard Law School after
A procedural issue may allow the Supreme Court to avoid confronting an egregious instance of racism in a death penalty case.
Last November, the Court heard oral arguments in Foster v. Chatman. The question in Foster is whether racial bias motivated prosecutors’ peremptory strikes, violating Batson.
At the height of the Great Society in 1968, Congress passed the Fair Housing Act (“FHA”), a piece of legislation aimed at ending housing discrimination. For the past thirty-seven years, every federal appellate court has interpreted discrimination under the FHA as providing both for claims
Imagine that you are walking on your way to work. As usual, you listen to your iPod as you walk. Unconsciously, you begin to sing along to your favorite song, which just so happens to be Bob Marley’s classic “I Shot the Sheriff.” By the