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- Title
BEYOND STRICKLAND PREJUDICE: WEAVER, BATSON, AND PROCEDURAL DEFAULT.
- Authors
BARNETT-MAYOTTE, CAL
- Abstract
The article focuses on the decision of the U.S. Supreme Court in the case Weaver v. Massachusetts on violation for racially discriminatory jury selection is a structural error, "not amenable" to harmless error review on direct appeal. It mentions ineffective assistance of counsel claims arise on federal habeas corpus review and Habeas doctrine features its own prejudice standard. It also mentions failure to raise a substantial ineffective-assistance-of-trial-counsel (IATC) claim in state court.
- Subjects
JURY selection; RACE discrimination; RIGHT to counsel; DUE process of law; HABEAS corpus
- Publication
University of Pennsylvania Law Review, 2022, Vol 170, Issue 4, p1049
- ISSN
0041-9907
- Publication type
Article