Issue: (1) In Strickland v. Washington, this Court held there exists a Sixth Amendment constitutional right to effective assistance of counsel at all stages of criminal trials, including the obligation to investigate before selecting a defense. In Cullen v. Pinholster, this Court reiterated Strickland controls for trial counsel’s obligation to investigate all phase of a capital case. Did the Ninth Circuit err in creating a new law of the Circuit that held, pursuant to the Ninth’s reading of Pinholster, trial counsel has no constitutional duty to conduct any investigation into police reports, ballistics, and crime scene photos before selecting a defense? (2)This Court has established a clear “law of the case doctrine.” In 2001 the Ninth Circuit held Phillips’s right to effective assistance of counsel, within the meaning of Strickland, had been violated because counsel conducted no investigation before selecting a defense. In its latest decision the Ninth Circuit found it was “compelled” to overturn the 2001 decision in light of this Court’s ruling in Pinholster that the Sixth Amendment does no impose a “constitutional duty to investigate” in capital cases. Was it a violation of Phillips’s constitutionally protected right to Due Process under the Fourteenth Amendment when the Ninth Circuit declined to follow this Court’s law of the case doctrine?
“I’m expecting a decision that is either all or nothing. And, I expect that the Court will rule that there is a constitutional right that protects same-sex couples’ right to marry.” Kenji Yoshino, Chief Justice Earl Warren Professor of Constitutional Law at New York University School of Law and author most recently of Marriage Equality […]
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Awarded the Webby Award for excellence on the internet.