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Sixth Amendment - Ineffective Assistance of Counsel

Every decision we've filed under Sixth Amendment - Ineffective Assistance of Counsel.

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Civil 3399 Criminal 1956 Summary Judgment 806 Sentencing Guidelines 718 Civil Rights - Section 1983 647 Immigration (Civil) 646 Constitutional 536 Supervised Release 473 Drug Trafficking 443 Civil Rights - Employment 367 Firearms 319 Qualified Immunity 251
Apr 17 2026
9th Cir. 18-71411 Unpublished

CARLOS GONZALEZ-BENITEZ v. TODD BLANCHE, Acting Attorney General Nos. 17-72643; 18-71411

The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order that rejected a motion to reopen removal proceedings based on ineffective assistance of counsel. The court upheld the BIA's finding that the petitioner failed to meet procedural requirements because he provided his former attorney only three days to respond to allegations before filing the motion.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Apr 16 2026
11th Cir. 2:25-cv-00070-ECM-KFP Per Curiam

Deutsche Bank National Trust Company v. Thomason

The Eleventh Circuit affirmed a district court's order remanding a foreclosure ejectment case to state court, ruling that the defendant's removal attempt violated a prior filing injunction. The court held that the injunction expressly barred future filings regarding the property and warned of summary dismissal for non-compliance.

Constitutional Sixth Amendment - Ineffective Assistance of Counsel
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Apr 16 2026
10th Cir. 4:21-CR-00351-GKF-3) Panel Decision

UNITED STATES OF AMERICA v. JAMES WILLIAM BUZZARD

The Tenth Circuit affirmed the district court's denial of a hearing on ineffective assistance of counsel because the rejected plea offer lacked a firm expiration date. The court dismissed the ineffective assistance claim without prejudice, directing the defendant to pursue such constitutional challenges through a 28 U.S.C. § 2255 motion rather than on direct appeal.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Sixth Amendment - Ineffective Assistance of Counsel
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Apr 16 2026
6th Cir. 24-4068 Published

UNITED STATES OF AMERICA v. CHRISTEN L. CLARK

The Sixth Circuit vacated the district court's denial of a defendant's motion to withdraw a guilty plea, ruling that the sudden resignation of counsel due to pending disciplinary action created a presumption of ineffective assistance requiring an evidentiary hearing. The court held that the district court abused its discretion by relying solely on the plea colloquy without resolving factual disputes regarding the voluntariness of the plea.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Sixth Amendment - Ineffective Assistance of Counsel
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Apr 10 2026
11th Cir. 0:19-cv-62854-AMC Per Curiam

ALBERTO RAMOS ALGABA v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

The Eleventh Circuit affirmed the denial of habeas relief, holding that the petitioner failed to demonstrate cause and prejudice to overcome the procedural default of his due process claim. Consequently, the court found the underlying sufficiency of the evidence claim unreviewable, leaving the conviction and sentence in effect.

Constitutional Habeas Corpus - State Prisoner (28 USC 2254) Sixth Amendment - Ineffective Assistance of Counsel
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Apr 10 2026
10th Cir. 1:24-CV-01837-RMR) Panel Decision

SCOTT WILLIAM WYBAN v. MOSES STANCIL, Director, CDOC; BARRY GOODRICH, Warden; THE ATTORNEY GENERAL OF THE STATE OF COLORADO

The Tenth Circuit denied Scott William Wyban a certificate of appealability, ruling that his ineffective assistance of counsel claims lacked substantial grounds for relief. The court affirmed the district court's denial of his habeas petition, finding that trial counsel's strategic decisions were within the wide range of professionally competent assistance.

Constitutional Habeas Corpus - General (28 USC 2241) Habeas Corpus - State Prisoner (28 USC 2254) Sixth Amendment - Ineffective Assistance of Counsel
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Apr 10 2026
11th Cir. 0:19-cv-62854-AMC Per Curiam

ALBERTO RAMOS ALGABA v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

The Eleventh Circuit affirmed the denial of habeas relief, holding that the petitioner failed to demonstrate the cause and prejudice necessary to overcome a procedural default. The court further ruled that the district court correctly lacked jurisdiction over a post-appeal Rule 60(b) motion once a notice of appeal was filed.

Constitutional Habeas Corpus - State Prisoner (28 USC 2254) Sixth Amendment - Ineffective Assistance of Counsel
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Apr 8 2026
10th Cir. 5:21-CR-00028-F-1) Panel Decision

UNITED STATES OF AMERICA v. JOHN MIGUEL SWAN

The Tenth Circuit affirmed John Miguel Swan's conviction and 120-month sentence for possessing ammunition as a convicted felon. The court held that Swan's Second Amendment challenge was barred by the law-of-the-case doctrine and that the district court did not abuse its discretion in imposing an upward variance based on his history of domestic violence.

Criminal Drug Trafficking Sentencing Guidelines Sixth Amendment - Ineffective Assistance of Counsel
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Apr 8 2026
9th Cir. 8:21-cr-00072-DOC-1 Unpublished

UNITED STATES OF AMERICA v. ELANO SERRANO ZUNIGA

The Ninth Circuit vacated a conviction for illegal reentry, holding that ineffective assistance of counsel can functionally deprive a defendant of meaningful judicial review under 8 U.S.C. § 1326(d). The court reversed the denial of a motion to dismiss the indictment because the defendant's counsel failed to pursue the only form of relief legally available to him.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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