January 7, 2008 U.S. Supreme Court Opinions
On January 7, 2008, the Court issued one opinion, and dismissed a case as moot.
In Wright v. Van Patten the court per curiam reversed the decision of the 7th Circuit.The issue was whether participation in a plea hearing by telephone was presumptively ineffective assistance of counsel. The Court muses about whether the two part test of Strickland v. Washington would apply to such claims [– the defendant must show 1) deficient performance that 2) prejudiced the defense] and the likely inapplicability of United States v. Cronic’s “per se” finding that the total absence of counsel prejudices a defendant, as such might not apply to the situation where counsel is not physically present, but participates by telephone.However, the Court makes plain that its decision rests on the fact the state court had not failed to follow clearly established federal law in deciding that the defendant had not established ineffective assistance of counsel. Absent such a failure, collateral relief must be denied.
Arave v. Hoffman was dismissed as moot due to the withdrawal of a claim by the habeas Petitioner below (Respondent here).
