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Sentencing Law and Policy

Justice Sotomayor pens lengthy dissent from denial of cert in Texas capital case that has previously led to SCOTUS per curiam reversal

By Douglas Berman
June 13, 2022

Almost exactly two years ago, the Supreme Court issued a per curiam decision in Andrus v. Texas (discussed here) in which the Court felt compelled to find that “Andrus’ counsel provided constitutionally deficient performance under Strickland,” but then remanded so…

Criminal Law Blog

Ineffective Assistance—Death Penalty

By mriebernlrg-com-mark-v-rieber
September 23, 2021

Mark Rieber—Senior Attorney, National Legal Research Group
            In Andrus v. Texas, 140 S. Ct. 1875 (2020), the Supreme Court vacated the opinion of the Texas Court of Criminal Appeals denying habeas relief to the petitioner challenging his…

Sentencing Law and Policy

By a vote of 6-3, SCOTUS finds deficient performance in Texas capital case and remands on prejudice issue

By Douglas Berman
June 15, 2020

A dozen years ago, I wrote a full law review article to express my grumpiness about the felt reality that the Supreme Court often seems to care a whole lot more about cases involving persons sentenced to death than about…

Sentencing Law and Policy

By a vote of 6-3, SCOTUS finds deficient performance in Texas capital case and remands on prejudice issue

By Douglas Berman
June 15, 2020

A dozen years ago, I wrote a full law review article to express my grumpiness about the felt reality that the Supreme Court often seems to care a whole lot more about cases involving persons sentenced to death than about…

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