strickland v washington quizlet

It held that when a juror makes a clear statement that he or she used racial animus in deciding to convict a defendant, then the Sixth Amendment right to an impartial jury supersedes the no-impeachment rule. A State may choose to preclude the prosecution from withdrawing a plea offer once it has been accepted or perhaps to preclude a trial court from rejecting a plea bargain. As to the Miranda claims, Thompkins argues first that through his conduct during the 3-hour custodial interrogation he effectively invoked his right to remain silent, requiring police to cut off questioning in accordance with Miranda and Michigan v. Mosley, 423 U. S. 96 (1975). Nevertheless, the Michigan Court of Appeals stated that Thompkins verbally acknowledged understanding his rights. Both of these contentions had been rejected in Michigan courts and in the habeas corpus proceedings before the United States District Court. David Washington pled guilty in a Florida trial court to an indictment that included three capital murder charges. Thompkins answered “Yes” and looked away. He pleaded not guilty at a subsequent arraignment but then changed his plea to guilty. In his later testimony at trial, Helgert remembered the encounter differently. Even in concluding that Miranda does not invariably require an express waiver of the right to silence or the right to counsel, this Court in Butler made clear that the prosecution bears a substantial burden in establishing an implied waiver. As noted above, in Frye’s case, the Missouri Court of Appeals, applying the two part test of Strickland, determined first that defense counsel had been ineffective and second that there was resulting prejudice. The jury found Thompkins guilty, and he was sentenced to life in prison without parole. 50. Had he made either of these simple, unambiguous statements, he would have invoked his “ ‘right to cut off questioning.’ ” Mosley, supra, at 103 (quoting Miranda, supra, at 474). However, the basic duties do not serve as a "checklist" for counsel for "no particular set of detailed rules for counsel's conduct can satisfactorily take account of the variety of circumstances faced by defense counsel or the range of legitimate decisions regarding how best to represent a criminal defendant." But other statements or actions—in particular, when a suspect sits silent throughout prolonged interrogation, long past the point when he could be deciding whether to respond—cannot reasonably be understood other than as an invocation of the right to remain silent. The trial court rejected the claim of ineffective assistance of trial counsel for failure to ask for a limiting instruction regarding the outcome of Purifoy’s trial, reasoning that this did not prejudice Thompkins. NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. Sixth Amendment’s assurance of effective assistance “does not extend to collateral aspects of the prosecution” because “knowledge of the consequences that are collateral to the guilty plea is not a prerequisite to the entry of a knowing and intelligent plea”). Pp. Nevertheless, the Michigan court concluded on this record that Thompkins had not invoked his right to remain silent because “he continued to talk with the officer, albeit sporadically,” and that he voluntarily waived that right. Discussion. Thompkins received a written copy of the Miranda warnings; Detective Helgert determined that Thompkins could read and understand English; and Thompkins was given time to read the warnings. to Pet. The defense strategy was to pin the blame on Purifoy. At the plea entry proceedings the trial court and all counsel have the opportunity to establish on the record that the defendant understands the process that led to any offer, the advantages and disadvantages of accepting it, and the sentencing consequences or possibilities that will ensue once a conviction is entered based upon the plea. Id., at 356. Pp. The Court should not intrude into that private space, no matter how well intentioned. When the defendant challenges his conviction, he must show that counsel's errors prevented the jury from forming a reasonable doubt as to his guilt. Counsel's performance gives rise to a reasonable probability that if counsel had performed adequately, the result would have been different. The Court, however, eschews this narrow ground of decision, instead extending Davis to hold that police may continue questioning a suspect until he unambiguously invokes his right to remain silent. The jury, moreover, was capable of assessing Purifoy’s credibility, as it was instructed to do. So little entitlement that, had he known of and accepted the bargain, the prosecution would have been able to withdraw it right up to the point that his guilty plea pursuant to the bargain was accepted. Where the prosecution shows that a Miranda warning was given and that it was understood by the accused, an accused’s uncoerced statement establishes an implied waiver of the right to remain silent. to Pet. Conduct 1.4 (2010); Ky. Sup. For example, revelations between plea offers about the strength of the prosecution’s case may make a late decision to plead guilty insufficient to demonstrate, without further evidence, that the defendant would have pleaded guilty to an earlier, more generous plea offer if his counsel had reported it to him. Butler made clear that a waiver of Miranda rights may be implied through “the defendant’s silence, coupled with an understanding of his rights and a course of conduct indicating waiver.” 441 U. S., at 373. It seems inconceivable that a lawyer could compromise his client’s constitutional rights so that he can secure better deals for other clients in the future; does a hard-bargaining “personal style” now violate the At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so. He considered the performance standard "so malleable that, in practice, it will either have no grip at all or will yield excessive variation in the manner in which the Sixth Amendment is interpreted and applied by different courts." On January 10, 2000, a shooting occurred outside a mall in Southfield, Michigan. [Footnote 3]. See United States v. Detroit Timber & Lumber Co., Miranda and Butler expressly preclude the possibility that the inculpatory statements themselves are sufficient to establish waiver. Mosley upheld the admission of statements when police immediately stopped interrogating a suspect who invoked his right to silence, but reapproached him after a 2-hour delay and obtained inculpatory responses relating to a different crime after administering fresh Miranda warnings. App. 15–17. It is unclear what prejudice standard the state court applied. The interrogation was conducted in a room that was 8 by 10 feet, and Thompkins sat in a chair that resembled a school desk (it had an arm on it that swings around to provide a surface to write on). Brief Fact Summary. To implement a remedy for the violation, the court deemed Frye’s guilty plea withdrawn and remanded to allow Frye either to insist on a trial or to plead guilty to any offense the prosecutor deemed it appropriate to charge. Id., at 19a. Thompkins also said that he “didn’t want a peppermint” that was offered to him by the police and that the chair he was “sitting in was hard.” Id., at 152a. Police are not required to rewarn suspects from time to time. App. After the jury was dismissed, two jurors informed defense counsel that another juror had a racial bias against petitioner and his alibi witness, who was also Hispanic. You are not bound by what his Jury found. See, e.g., Butler, supra, at 372–376; Connelly, supra, at 169–170 (“There is obviously no reason to require more in the way of a ‘voluntariness’ inquiry in the Miranda waiver context than in the [due process] confession context”). Given the “ultimate focus” of our ineffective-assistance cases on “the fundamental fairness of the proceeding whose result is being challenged,” Strickland v. Washington, 547 F. 3d 572 (2008). Indeed. The trial court denied the motion. Case Summary of Pena-Rodriguez v. Colorado: A jury in Colorado state court convicted petitioner Pena-Rodriguez of unlawful sexual contact and harassment. One widely used police manual, for example, teaches that a suspect who “indicates,” “even by silence itself,” his unwillingness to answer questions “has obviously exercised his constitutional privilege against self-incrimination.” Inbau 498. The Court of Appeals ruled that the state court used the incorrect standard for assessing prejudice under Strickland because “[q]uestions of the prosecution’s purpose or intent are completely irrelevant in analyzing whether an error resulted in prejudice, which by definition concerns the error’s effect upon the outcome.” 547 F. 3d, at 591–592 (emphasis deleted). He subsequently pleaded guilty with no underlying plea agreement and was sentenced to three years in prison. See Strickland v. Washington, 466 U. S. 668 (1984). I wish I’d … don’t wish to answer any more questions’ ” ambiguous because conditioned on officer’s implication that suspect committed specific assault). Here it can be said not only that the process was fair, but that the defendant acknowledged the correctness of his conviction. See, e.g., Fla. Rule Regulating Bar 4–1.4 (2008); Ill. Rule Prof. 377 U. S. 201 (1964) Opinion (Kennedy), Dissent (Scalia), Opinion Announcement - March 21, 2012 (Part 2), Opinion Announcement - March 21, 2012 (Part 1). The Court concludes that when Miranda warnings have been given and understood, “an accused’s uncoerced statement establishes an implied waiver of the right to remain silent.” Ante, at 12–13. These standards must be applied to the instant case. , nor a federal right that the judge accept it, Santobello v. New York, First, the quality of the attorney’s actual performance must be … To establish prejudice in this instance, it is necessary to show a reasonable probability that the end result of the criminal process would have been more favorable by reason of a plea to a lesser charge or a sentence of less prison time. First, the Court of Appeals determined that a statement by the accused, relied on at trial by the prosecution, had been elicited in violation of Miranda v. Arizona, 384 U. S. 436 (1966). The Court of Appeals determined that the state court was unreasonable, 28 U. S. C. §2254(d), when it found that Thompkins suffered no prejudice from failure of defense counsel to request an instruction regarding Purifoy’s earlier acquittal of the murder and assault charges. for Cert. “The art of negotiation is at least as nuanced as the art of trial advocacy and it presents questions farther removed from immediate judicial supervision.” Premo v. Moore, 562 U. S. ___, ___ (2011) (slip op., at 8–9). A suspect’s Miranda right to counsel must be invoked “unambiguously.” Davis v. United States, 512 U. S. 452, 459. Since the State is responsible for establishing the isolated circumstances under which [an] interrogation takes place and has the only means of making available corroborated evidence of warnings given during incommunicado interrogation, the burden is rightly on its shoulders. In Miranda, the Court concluded that “[i]f [an] individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease… . A suspect may at any time revoke his prior waiver of rights—or, closer to the facts of this case, guard against the possibility of a future finding that he implicitly waived his rights—by invoking the rights and thereby requiring the police to cease questioning.

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