07/12/2005
A Criminal Defendant has Received Ineffective Assistance of Counsel When His Attorney Fails to Obtain and Review a File from a Prior Conviction on Which the Prosecution Has Said it Will Rely for Proof of Aggravating Circumstances at the Sentencing Phase
Ronald Rompilla v. Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections
545 U.S. ___, 2005 WL 1421390 (2005)

Brief Summary

As the split Third Circuit and Supreme Court decisions make clear, this was a close case in which the defendant’s ineffective assistance claim succeeded by the smallest of margins. It is therefore far from clear that this single case will bring about sweeping changes in the frequency with which ineffective assistance of counsel claims will succeed. On the other hand, criminal defense counsel would clearly be well advised to make sure that they review all prior case files whenever the prosecution has asserted that it will rely upon any information to be found in such files. Whether, or to what extent, such review may detract from defense counsel’s time and ability to explore other potential avenues of defense also remains to be seen.
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