Friday, November 20, 2009

U.S. Supreme Court: Again, No Denial of the Effective Assistance of Counsel

For the second time in eight days the United States Supreme Court has unanimously reversed a United States Court of Appeals and ruled that a criminal defendant facing the death penalty was not denied his constitutional right to the effective assistance of counsel.

Last week I reported that the Court in Bobby v. Van Hook concluded that the Sixth Circuit had erred when it ruled that the defendant was denied the effective assistance of counsel at the sentencing phase of his capital trial.

Earlier this week in Wong v. Belmontes the Court reversed the Ninth Circuit and concluded that the defendant was not denied the effective assistance of counsel at the sentencing phase of his capital trial. While the Court issued a per curiam opinion, the opinion is notable for the extraordinary detail with which the Court examines the facts to reach its conclusion that the defendant was not prejudiced by the tactical choices made by defense counsel at the sentence hearing before the jury. The opinion can be found here.

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