Wednesday, August 25, 2004

First Circuit on Ineffective Assistance of Counsel

Phil here again. While I was busy writing the last post to try to get a discussion going on an issue sparked in my mind by Prof. Berman (see below), he has posted a new development. The First Circuit has denied a certificate of appealability based on a prisoner's complaint that his lawyer was inneffective in anticipating the Supreme Court's ruling in Blakely. The case is Campbell v. US, 02-2387 (1st Cir. Aug. 25, 2004), and Prof. Berman has posted excerpts here.

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