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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
Mar 19 2026
6th Cir. 22-3544 Published

MARVIN G. JOHNSON v. DAVID BOBBY, Warden

The Sixth Circuit held that a state prisoner's federal habeas petition is not rendered moot by a subsequent resentencing from death to life without parole, as long as the underlying conviction remains intact. The court affirmed the denial of Johnson's petition, rejecting claims of ineffective assistance of counsel regarding the admission of criminal history evidence and the failure to raise a Confrontation Clause challenge.

Constitutional Habeas Corpus - General (28 USC 2241) Habeas Corpus - State Prisoner (28 USC 2254) Sixth Amendment - Confrontation Clause
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Mar 17 2026
10th Cir. 4:23-CV-00045-DN and 4:21-CR-00069-DN-1) Panel Decision

UNITED STATES OF AMERICA v. CESAR AGUAYO-MONTES

The Tenth Circuit held that defense counsel violated the Sixth Amendment by failing to advise a defendant that his guilty plea to a drug offense would result in practically inevitable deportation. The court reversed the district court's denial of the habeas motion and remanded for a determination of prejudice.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Sixth Amendment - Ineffective Assistance of Counsel
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Mar 17 2026
5th Cir. 25-10434 Panel Decision

United States of America Plaintiff— v. Nautica Blu Hamilton Defendant—

The Fifth Circuit affirmed a 360-month sentence for child pornography production, ruling that the defendant failed to prove the government's gender-based comments at sentencing constituted plain or structural error. The court held that the district court's reliance on the nature of the crime and abuse of trust, rather than the defendant's sex, meant the defendant's substantial rights were not affected.

Child Sexual Abuse Material Criminal Fourteenth Amendment - Equal Protection Plain Error Review
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Mar 16 2026
5th Cir. 25-10766 Per Curiam

United States v. Jimenez

The Fifth Circuit affirmed the district court's judgment while declining to review a defendant's claim of ineffective assistance of counsel regarding a safety valve reduction. The court held that while the claim was not barred by issue preclusion, it could not be adjudicated on direct appeal due to insufficient record detail.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Sentencing Guidelines Sixth Amendment - Ineffective Assistance of Counsel
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Mar 12 2026
3rd Cir. 2:22-cr-00135-002 Panel Decision

UNITED STATES OF AMERICA v. NIKEEM LEACH-HILTON

The Third Circuit affirmed a 219-month prison sentence for federal carjacking and firearm charges, rejecting the appellant's challenges based on a binding appellate waiver. The court held that while an ineffective assistance of counsel claim was not barred by the waiver, it could not be adjudicated on direct appeal and must be pursued in a collateral proceeding.

Constitutional Guidelines Departure Habeas Corpus - Federal Prisoner (28 USC 2255) Sentencing Guidelines
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Mar 12 2026
9th Cir. 3:20-cv-00322-ART-CLB Unpublished

THOMAS JUSTIN SJOBERG v. JOHN HENLEY; CHARLES DANIELS; Mr. AARON DARNELL FORD Esquire

The Ninth Circuit reversed a district court's grant of habeas relief, holding that the Nevada Court of Appeals' rejection of an ineffective assistance of counsel claim was not objectively unreasonable. The appellate court found that state counsel's decision not to file a motion to suppress was a reasonable strategic choice given the high likelihood of failure and the benefits of the plea agreement.

Constitutional Fifth Amendment - Self-Incrimination Habeas Corpus - State Prisoner (28 USC 2254) Sixth Amendment - Ineffective Assistance of Counsel
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Mar 6 2026
10th Cir. 2:24-CR-00070-SWS-1) Panel Decision

UNITED STATES OF AMERICA v. BRIAN NEIL WIGGINS

The Tenth Circuit affirmed Brian Neil Wiggins's 192-month sentence, rejecting his claim that his prior Oregon second-degree assault conviction did not qualify as a crime of violence. The court held that Oregon law did not permit accomplice liability for negligence at the time of his 2008 conviction, ensuring the offense met the federal definition.

Criminal Drug Trafficking Sentencing Guidelines Sixth Amendment - Ineffective Assistance of Counsel
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Mar 5 2026
3rd Cir. 2:13-cv-06437 Panel Decision

JOSE MENDEZ v. SUPERINTENDENT HOUTZDALE SCI; THE ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA; THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA

The Third Circuit granted appointed counsel's motion to withdraw from a habeas corpus appeal after determining the case presented no nonfrivolous issues. The court affirmed the District Court's denial of Jose Mendez's petition challenging his first-degree murder 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 4 2026
3rd Cir. 23-2590 Panel Decision

UNITED STATES OF AMERICA v. DEON BLAIR

The Third Circuit affirmed Deon Blair's criminal sentence, rejecting his pro se arguments regarding ineffective assistance of counsel, jury trial waiver, and sufficiency of evidence. The court held that Blair knowingly waived his constitutional rights and that the evidence sufficiently supported his conviction for fentanyl distribution resulting in death.

Constitutional Drug Trafficking Habeas Corpus - Federal Prisoner (28 USC 2255) Sentencing Guidelines
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