October 15th, 2024

Supreme Court Decision Heavily Diminishes Ineffective Counsel Defense

The high court’s ruling severely diminishes opportunities for inmates to claim ineffective assistance of counsel even if attorneys failed to represent their clients properly.

By Stacy M. Brown
NNPA Newswire Senior National Correspondent
@StacyBrownMedia

Although Justice Sonia Sotomayor called the decision perverse and illogical, the U.S. Supreme Court ruled on Monday, May 23, that state prisoners may not present new evidence in federal court to support claims that their counsel was ineffective in violation of the Constitution.

“This decision is perverse. It is illogical,” Sotomayor wrote in a scathing dissenting opinion.
The high court’s ruling severely diminishes opportunities for inmates to claim ineffective assistance of counsel even if attorneys failed to represent their clients properly.

“It makes no sense to excuse a habeas petitioner’s counsel’s failure to raise a claim altogether because of ineffective assistance in postconviction proceedings, as (the case of) Martinez and Trevino did, but to fault the same petitioner for that postconviction counsel’s failure to develop evidence in support of the trial-ineffectiveness claim,” Sotomayor responded.

Justice Clarence Thomas wrote the majority opinion in the 6-3 vote.
He determined that allowing claims of ineffective counsel go forward would result in delays, much of which federal courts “must afford unwavering respect to the centrality of the trial of a criminal case in state court.”
The ruling defeats petitions from two death row inmates who asserted they had compelling claims that their state lawyers failed to pursue.

It should also make it more difficult for inmates to win claims of ineffective counsel at the state court level during appeals.

“Serial re-litigation of final convictions undermines the finality that is essential to both the retributive and deterrent functions of criminal law,” Thomas wrote, citing previous case law.

“Further, broadly available habeas relief encourages prisoners to sandbag state courts by selecting a few promising claims for airing on state postconviction review while reserving others for habeas review should state proceedings come up short,” he continued.

However, the majority opinion “reduces to rubble many inmates’ Sixth Amendment rights to the effective assistance of counsel,” Sotomayor determined.

“The Sixth Amendment guarantees criminal defendants the right to the effective assistance of counsel at trial,” she insisted.

“Today, however, the court hamstrings the federal courts’ authority to safeguard that right.”
Arizona officials had referred to a federal law they interpreted to mean that an inmate could not develop a claim in federal court if it hadn’t been raised in state court.

Lawyers for the inmates countered that the state misread the law because the inmate couldn’t face blame for the mistake of their state-appointed lawyer.
Barry Jones, one of the inmates at the center of the Supreme Court ruling, argued that ineffective assistance of counsel robbed him of a just and fair verdict.

Jones, who maintains his innocence, had earned relief from the 9th Circuit Court of Appeals before the Supreme Court ruling. The second Arizona inmate, David Ramirez, claimed that his attorney failed to investigate his intellectual disability.

“State prisoners already have a strong incentive to save claims for federal habeas proceedings to avoid the highly deferential standard of review that applies to claims properly raised in state court,” Sotomayor wrote.
“Permitting federal fact-finding would encourage yet more federal litigation of defaulted claims.”

October 16, 2023, HOUSTON, TX – Congressional Candidate Amanda Edwards has raised over $1 million in less than 4 months, a substantial sum that helps bolster the frontrunner status of the former At-Large Houston City Council Member in her bid for U.S. Congress. Edwards raised over $433,000 in Q3 of 2023. This strong Q3 report expands on a successful Q2 where Edwards announced just 11 days after declaring her candidacy that she had raised over $600,000. With over $829,000 in cash-on-hand at the end of the September 30th financial reporting period, Edwards proves again that she is the clear frontrunner in the race. “I am beyond grateful for the strong outpouring of support that will help me to win this race and serve the incredible people of the 18th Congressional District,” said Edwards. “We are at a critical juncture in our nation’s trajectory, and we need to send servant leaders to Congress who can deliver the results the community deserves. The strong support from our supporters will help us to cultivate an 18th Congressional District where everyone in it can thrive.” Edwards said. “Amanda understands the challenges that the hard-working folks of the 18th Congressional District face because she has never lost sight of who she is or where she comes from; she was born and raised right here in the 18th Congressional District of Houston,” said Kathryn McNiel, spokesperson for Edwards’ campaign. Edwards has been endorsed by Higher Heights PAC, Collective PAC, Krimson PAC, and the Brady PAC. She has also been supported by Beto O’Rourke, among many others. About Amanda: Amanda is a native Houstonian, attorney and former At-Large Houston City Council Member. Amanda is a graduate of Eisenhower High School in Aldine ISD. Edwards earned a B.A. from Emory University and a J.D. from Harvard Law School. Edwards practiced law at Vinson & Elkins LLP and Bracewell LLP before entering public service. Edwards is a life-long member of St. Monica Catholic Church in Acres Homes. For more information, please visit www.edwardsforhouston.com

As September 13th rolls around, we extend our warmest birthday wishes to the creative powerhouse, Tyler Perry, a man whose indomitable spirit and groundbreaking work have left an indelible mark on the world of entertainment. With his multifaceted talents as an actor, playwright, screenwriter, producer, and director, Tyler Perry has not only entertained but also inspired audiences worldwide, particularly within the African-American community, where his influence and role have been nothing short of powerful. Born in New Orleans, Louisiana, in 1969, Tyler Perry’s journey to stardom was a path riddled with adversity. Raised in a turbulent household, he found refuge in writing, using it as a therapeutic outlet. This period of introspection gave rise to one of his most iconic creations, Madea, a vivacious, no-nonsense grandmother who would later become a beloved figure in Perry’s works, offering a unique blend of humor and profound life lessons. Despite facing numerous challenges, including rejection and financial struggles, Perry’s determination and unwavering belief in his abilities propelled him forward. In 1992, he staged his first play, “I Know I’ve Been Changed,” which, although met with limited success, was a pivotal moment in his career. Unfazed by initial setbacks, Perry continued to hone his craft, and by 1998, he had successfully produced a string of stage plays that showcased his storytelling prowess.

Calling all teenage student-athletes! If you have dreams of playing college soccer and wish to represent an HBCU, the HBCU ID Camp is your golden opportunity. From 8 am to 5 pm on November 11-12, Houston Sports Park will transform into a hub for aspiring male and female soccer players. Coaches from HBCUs across the nation will be present to evaluate, scout, and offer valuable feedback. Moreover, they might even spot the next soccer prodigy to join their collegiate soccer programs. This camp is not just about honing your soccer skills but also a chance to connect with the HBCU soccer community. You’ll learn the ins and outs of what it takes to excel on the field and in the classroom, which is crucial for a college athlete. The HBCU ID Camp is an excellent platform to network with coaches, learn from experienced athletes, and take the first steps toward your college soccer journey. To secure your spot at this incredible event, don’t forget to register [here](insert registration link). Space is limited to 120 participants, so make sure to reserve your place before it’s too late. It’s time to turn your dreams of playing college soccer into a reality.

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