HOME
*





Garza V. Idaho
''Garza v. Idaho'', 586 U.S. ___, 139 S. Ct. 738 (2019), was a case in which the United States Supreme Court held that the presumption of prejudice for Sixth Amendment purposes applies regardless of whether a defendant has waived the right to appeal. Background In 2015, petitioner Gilberto Garza, Jr. signed two plea agreements which required him to waive his right to appeal. After sentencing, Garza informed his trial counsel of his wish to appeal. Due to the appeal waivers signed by Garza, counsel declined to file a notice of appeal. After the time period to file an appeal lapsed, Garza filed a petition for state post-conviction relief on the basis of ineffective assistance of counsel. The trial court denied relief and the Idaho Court of Appeals affirmed. The Idaho Supreme Court affirmed, concluding that the presumption of prejudice as recognized in ''Roe v. Flores-Ortega'' does not apply when the defendant has agreed to waive the right to appeal. Opinion Amir Ali presented ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In ''Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It has additionally held that the requirement of a pu ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States Consti ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Ineffective Assistance Of Counsel
In United States law, ineffective assistance of counsel (IAC) is a claim raised by a convicted criminal defendant asserting that the defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right guaranteed by the Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution. Ineffectiveness claims may only be brought where the defendant had the right to counsel, ordinarily during the critical stages of a prosecution. Having the "benefit of counsel" or "assistance of counsel" means that the criminal defendant has had a competent attorney representing them. Competence is defined as reasonable professional assistance and is defined in part by prevailing professional norms and standards. To prove they received ineffective assistance, a criminal defendant must show two things: # Deficient performance by counsel # Resulting prejudice, in that but for the deficient performance, there is a “reasonable probabilityâ ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Idaho Court Of Appeals
The Idaho Court of Appeals is the intermediate-level appellate court for the state of Idaho. The court was created by statute by the Idaho Legislature and began operations in 1982. Jurisdiction The Court of Appeals hears cases assigned to it by the Idaho Supreme Court. The only exceptions to this jurisdiction are capital murder convictions and appeals from the Idaho Public Utilities Commission and the Idaho Industrial Commission (which administers the state's workers' compensation Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ... laws), which must be heard by the Supreme Court. Judges The Court of Appeals includes four judges. Cases are heard by three-judge panels. Succession of seats References External linksfrom the Idaho State Judiciary website Idaho state cou ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Idaho Supreme Court
The Idaho Supreme Court is the state supreme court of Idaho and is composed of the chief justice and four associate justices. The decisions of the Idaho Supreme Court are binding on all other Idaho state courts. The only court that may reverse or modify its decisions is the Supreme Court of the United States. Justices Justices are elected in non-partisan statewide elections and serve staggered six-year terms. Elections are held in the state primary, now in the spring, with run-off elections in November. The Chief Justice is selected by an election among the five justices and term length for that office is four years. Prior to 1983, the position went to the justice with the least amount of time remaining in his term. The court originally had three justices; it was expanded to five in 1921. Current justices Women on the Supreme Court The first female justice on the Idaho Supreme Court was Linda Copple Trout, appointed in 1992 by Governor Cecil Andrus and elected in 1996 and ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  




Amir Ali (lawyer)
Amir Ali is an American civil rights attorney and law professor who has argued multiple cases before the U.S. Supreme Court and testified before Congress. He is regarded as an expert in constitutional law and criminal procedure, including issues related to sentencing and habeas corpus, the right to counsel, police misconduct, and government accountability. Ali is presently the Executive Director of the MacArthur Justice Center, a nonprofit law firm founded by philanthropist J. Roderick MacArthur. Ali is also a professor at Harvard Law School, where he directs the law school's criminal justice appellate clinic. He serves on multiple Boards of Directors, including The Appellate Project and the Mosaic Theatre Company of D.C. Early career After attending Harvard Law School, Ali served as a law clerk for Judge Raymond C. Fisher of the U.S. Court of Appeals for the Ninth Circuit and for Justice Marshall Rothstein of the Supreme Court of Canada. Ali previously practiced at the law ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Strickland V
Strickland may refer to: Name * Strickland (surname) Places Australia * Strickland, Tasmania, a locality Canada * Fauquier-Strickland, Ontario * Mount Strickland, Yukon Papua New Guinea * Strickland River, Western Province United Kingdom Places in Cumbria, England: * Strickland Ketel * Strickland Roger * Great Strickland * Little Strickland United States * Strickland, Wisconsin, a town * Strickland (community), Wisconsin, an unincorporated community within Strickland, Wisconsin Court cases * ''Strickland v Rocla Concrete Pipes Ltd'', a 1971 High Court of Australia case * '' Strickland v. Sony'', a 2005 case in Alabama * '' Strickland v. Washington'', a 1984 US Supreme Court case Other uses * Strickland Propane, a fictional business run by Buck Strickland in the television series ''King of the Hill ''King of the Hill'' is an American animated sitcom created by Mike Judge and Greg Daniels for the Fox Broadcasting Company. It aired its original non-syndicated run ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Gideon V
Gideon (; ) also named Jerubbaal and Jerubbesheth, was a military leader, judge and prophet whose calling and victory over the Midianites are recounted in of the Book of Judges in the Hebrew Bible. Gideon was the son of Joash, from the Abiezrite clan in the tribe of Manasseh and lived in Ephra (Ophrah). As a leader of the Israelites, he won a decisive victory over a Midianite army despite a vast numerical disadvantage, leading a troop of 300 "valiant" men. Archaeologists in southern Israel have found a 3,100-year-old fragment of a jug with five letters written in ink that appear to represent the name Jerubbaal, or Yeruba'al. Names The nineteenth-century Strong's Concordance derives the name "Jerubbaal" from "Baal will contend", in accordance with the folk etymology, given in . According to biblical scholar Lester Grabbe (2007), " udges6.32 gives a nonsensical etymology of his name; it means something like 'Let Baal be great. Likewise, where Strong gave the meaning "hewer" ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


2018 Term Opinions Of The Supreme Court Of The United States
The 2018 term of the Supreme Court of the United States began October 1, 2018, and concluded October 6, 2019. The table below illustrates which opinion was filed by each justice in each case and which justices joined each opinion. Table key 2018 term opinions 2018 term membership and statistics This was the fourteenth term of Chief Justice Roberts's tenure and the first term for Justice Kavanaugh. The Court began its term with a vacant seat following the retirement of Justice Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ... on July 31, 2018. The seat was filled by Brett Kavanaugh on October 6, 2018. Notes References * * {{DEFAULTSORT:2018 term opinions of the Supreme Court o ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


United States Supreme Court Cases Of The Roberts Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  




United States Sixth Amendment Ineffective Assistance Of Counsel Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * United (2003 film), ''United'' (2003 film), a Norwegian film * United (2011 film), ''United'' (2011 film), a BBC Two film Literature * United! (novel), ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * United (Commodores album), ''United'' (Commodores album), 1986 * United (Dream Evil album), ''United'' (Dream Evil album), 2006 * United (Marvin Gaye and Tammi Terrell album), ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * United (Marian Gold album), ''United'' (Marian Gold album), 1996 * United (Phoenix album), ''United'' (Phoenix album), 2000 * United (Woody Shaw album), ''United'' (Woody Shaw album), 1981 Songs * United (Judas Priest song), "United" (Judas Priest song), 1980 * United (Prince Ital Joe and Marky Mark ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


2019 In United States Case Law
Nineteen or 19 may refer to: * 19 (number), the natural number following 18 and preceding 20 * one of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (film), a 1987 science fiction film Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * ''Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle. * "Nineteen", a song by Bad4Good from the 1992 album ''Refugee'' * "Nineteen", a song by Karma to Burn from the 2001 album ''Almost Heathen''. * "Nineteen" (song), a 2007 song by American singer Billy Ray Cyrus. * "Nineteen", a song by Tegan and Sara from the 2007 album '' The Con''. * "XIX" (song), a 2014 song by Slipknot. ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]