Rainwater Law Group

Effective Criminal Defense

Daire v. Lattimore, No. 12-55667 [March 15, 2016]

Daire v. Lattimore

This well-traveled case was remanded back to the three-judge panel after the en banc court reversed its prior decisions to the contrary and held that the Supreme Court has clearly established that Strickland governs claims of ineffective assistance of counsel at sentencing in non-capital cases. The three-judge panel reinstated it previous opinion finding that even applying Strickland the state court’s decision finding that trial counsel’s performance did not fall below an objective standard of reasonableness and that submission of the petitioner’s medical evidence would not have changed the outcome of her Romero hearing [asking the court to disregard two of her prior strikes for sentencing] were not unreasonable applications of Strickland.

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