{"id":21567,"date":"2016-04-04T11:04:10","date_gmt":"2016-04-04T16:04:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21567"},"modified":"2016-04-04T11:04:10","modified_gmt":"2016-04-04T16:04:10","slug":"scotus-stricklands-deference-to-counsels-decisions-applies-to-appellate-counsel-didnt-we-all-assume-that-anyway-not-ca6","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=21567","title":{"rendered":"SCOTUS: Strickland\u2019s deference to counsel\u2019s decisions applies to appellate counsel [didn&#8217;t we all assume that anyway? Not CA6]"},"content":{"rendered":"<p>The Strickland &#8220;doubly deferential&#8221; standard of trial counsel&#8217;s failure to challenge a search issue because it would not prevail applies to appellate counsel, too. <a href=\"http:\/\/www.supremecourt.gov\/opinions\/15pdf\/15-723_h3dj.pdf\">Woods v. Etherton<\/a>, 15-723 (U.S. April 4, 2016):<br \/>\n<!--more--><\/p>\n<blockquote><p>Etherton\u2019s underlying complaint is that his appellate lawyer\u2019s ineffectiveness meant he had \u201cno prior opportunity to cross-examine the anonymous tipster.\u201d Brief in Opposition 11. But it would not be objectively unreasonable for a fairminded judge to conclude\u2014especially in light of the deference afforded trial counsel under Strickland\u2014that the failure to raise such a claim was not due to incompetence but because the facts in the tip were uncontested and in any event consistent with Etherton\u2019s defense. See Harrington, 562 U. S., at 105 (\u201cEven under de novo review, the standard for judging counsel\u2019s representation is a most deferential one.\u201d). A fairminded jurist could similarly conclude, again deferring under Strickland, that appellate counsel was not incompetent in drawing the same conclusion. And to reach the final point at issue before the Sixth Circuit, a fairminded jurist\u2014<br \/>\napplying the deference due the state court under AEDPA\u2014could certainly conclude that the court was not objectively unreasonable in deciding that appellate counsel was not incompetent under Strickland, when she determined that trial counsel was not incompetent under Strickland. <\/p>\n<p>Given AEDPA, both Etherton\u2019s appellate counsel and the state habeas court were to be afforded the benefit of the doubt. Burt, supra, at ___. Because the Sixth Circuit failed on both counts, we grant the petition for certiorari and reverse the judgment of the Court of Appeals. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>The Strickland &#8220;doubly deferential&#8221; standard of trial counsel&#8217;s failure to challenge a search issue because it would not prevail applies to appellate counsel, too. Woods v. Etherton, 15-723 (U.S. April 4, 2016):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,83,96],"tags":[],"class_list":["post-21567","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-scotus","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21567","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21567"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21567\/revisions"}],"predecessor-version":[{"id":21568,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21567\/revisions\/21568"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21567"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21567"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21567"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}