What is the scope of federal habeas review of a claim of ineffective assistance of counsel?

MultiRegion, United States of America

The following excerpt is from Leon v. Spearman, No. 1:14-cv-00301-DAD-SKO HC (E.D. Cal. 2017):

The scope of federal habeas review of a claim of ineffective assistance of counsel is narrow. Dows v. Wood, 211 F.3d 480, 484 (9th Cir. 2000). A habeas petitioner has the burden of

Page 27

Other Questions


Can a federal habeas court rule that ineffective assistance was ineffective assistance in a state petition? (MultiRegion, United States of America)
What is the state of the law in relation to the strategic decisions of counsel in the context of a claim of ineffective assistance on habeas review? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
Does plaintiff have to include ineffective assistance of counsel claim in his federal habeas petition? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
How have courts reviewed ineffective assistance of counsel claims? (MultiRegion, United States of America)
Is ineffective assistance of counsel de novo ineffective in denying a writ of habeas corpus? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.