Daire v. Lattimore

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Habeas Corpus
  • Date Filed: 02-09-2016
  • Case #: 12-55667
  • Judge(s)/Court Below: Per Curiam; Chief Judge Thomas and Circuit Judges Reinhardt, McKeown, Tallman, Rawlinson, Bybee, Callahan, Bea, Smith, Murguia, and Watford
  • Full Text Opinion

Supreme Court precedent has “clearly established” that the Strickland standard applies to all claims of ineffective assistance of counsel in noncapital sentencing proceedings.

Sophia Daire was convicted of first-degree burglary by a California jury. Post-sentencing, Daire raised an ineffective assistance of counsel claim. Daire claimed her sentencing counsel did not meet the standard set by Strickland v. Washington, which requires a showing of deficient performance that results in prejudice. The district court held that the Strickland standard was not “clearly established Federal law” in noncapital sentencing proceedings. On appeal, en banc, the Ninth Circuit held that Supreme Court precedent has “clearly established” that the Strickland standard applies to all claims of ineffective assistance of counsel in noncapital sentencing proceedings. The Court reconsidered its own precedent and overruled prior contrary decisions. REMANDED.

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