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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 1 2026
11th Cir. 8:21-cv-00167-WFJ-SPF Per Curiam

Michael Henderson v. Secretary, Department of Corrections, Attorney General, State of Florida

The Eleventh Circuit affirmed the denial of Michael Henderson's federal habeas petition, ruling that his trial counsel's performance did not fall below an objective standard of reasonableness. The court found no reasonable probability that securing Richardson hearings or deposing a detective would have altered the outcome of Henderson's capital sexual battery conviction.

Constitutional Habeas Corpus - General (28 USC 2241) Habeas Corpus - State Prisoner (28 USC 2254) Sixth Amendment - Ineffective Assistance of Counsel
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Mar 30 2026
7th Cir. 24-3346 Panel Decision

MAURICE J. HOLT v. GARY BOUGHTON

The Seventh Circuit reversed a district court's grant of habeas relief, holding that the Wisconsin Court of Appeals reasonably applied federal standards in rejecting a defendant's claims regarding excluded evidence and ineffective assistance of counsel. The appellate court found that the state court's decision was not an unreasonable application of Supreme Court precedent under the Antiterrorism and Effective Death Penalty Act.

Constitutional Habeas Corpus - State Prisoner (28 USC 2254) Sixth Amendment - Confrontation Clause Sixth Amendment - Ineffective Assistance of Counsel
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Mar 30 2026
11th Cir. 1:20-cv-05231-JPB Published

A.G. v. Northbrook Industries, Inc. d.b.a. United Inn and Suites

The Eleventh Circuit clarified that hotel operators may be liable under the TVPRA if they provide personalized support to sex trafficking operations, going beyond mere room rentals. The court vacated summary judgments, ruling that plaintiffs presented sufficient evidence of staff participation and knowledge to create jury questions on civil liability.

Child Sexual Abuse Material Criminal Sixth Amendment - Ineffective Assistance of Counsel Summary Judgment
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Mar 27 2026
11th Cir. 8:22-cr-00441-CEH-LSG-1 Per Curiam

UNITED STATES OF AMERICA v. KIMBERLY KIEHL

The Eleventh Circuit affirmed Kimberly Kiehl's conviction and sentence, ruling that her prior failure to object to the magistrate judge's report waived her challenge to the voluntariness of her guilty plea. The court further held that the sentence appeal waiver was enforceable because the magistrate judge explicitly explained its scope during the plea colloquy.

Criminal Fraud Sentencing Guidelines Sixth Amendment - Ineffective Assistance of Counsel
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Mar 26 2026
10th Cir. 5:24-CR-00398-R-1) Panel Decision

UNITED STATES OF AMERICA v. MARLON DEWAYNE MARTIN

The Tenth Circuit dismissed Marlon DeWayne Martin's appeal of his child sex trafficking sentence because he signed a plea agreement containing an enforceable waiver of appellate rights. The court found the waiver covered the specific claim raised and that enforcing it would not result in a miscarriage of justice.

Constitutional Sixth Amendment - Ineffective Assistance of Counsel
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Mar 25 2026
3rd Cir. 2:16-cr-00088-001) Panel Decision

UNITED STATES OF AMERICA v. MOHAMMED JABATEH

The Third Circuit affirmed the denial of a § 2255 motion challenging an asylee's convictions for perjury and immigration fraud based on false oral statements. The court held that while the immigration fraud statute does not apply to oral statements, the appellant failed to preserve this specific challenge for direct appeal, and thus no plain error existed to warrant relief.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Plain Error Review Sixth Amendment - Ineffective Assistance of Counsel
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Mar 24 2026
11th Cir. 2:23-cr-00379-RAH-SMD-1 Per Curiam

United States v. Guice, Jr.

The Eleventh Circuit affirmed the denial of a motion to suppress self-incriminating statements made by a public employee during a criminal investigation. The court held that the defendant failed to prove he subjectively believed, or that such a belief was objectively reasonable, that he faced termination for refusing to speak to law enforcement.

Constitutional Drug Trafficking Fifth Amendment - Self-Incrimination Habeas Corpus - Federal Prisoner (28 USC 2255)
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Mar 23 2026
10th Cir. 26-3016 Panel Decision

UNITED STATES OF AMERICA v. ROGER MOSS

The Tenth Circuit affirmed the denial of a federal prisoner's motion for release pending the resolution of his 28 U.S.C. § 2255 motion. The court held that Federal Rule of Appellate Procedure 9 governs release in a criminal case but does not apply to release pending post-conviction relief.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Sixth Amendment - Ineffective Assistance of Counsel
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