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D.S.D.: Defense counsel not ineffective for not forecasting Gant

By John Wesley Hall, Jr.

Defense counsel was not ineffective for not forecasting Gant, and it was not a "new rule." Wright v. United States, 2010 U.S. Dist. LEXIS 57875 (D. S.D. June 11, 2010)*: The Supreme Court of the United States has never held that Gant articulated a “new rule” of criminal procedure and has not made Gant retroactive to cases on collateral review. See, e.g., Lopez v. Vazquez, 2010 U.S. Dist. LEXIS 46225, No. 1:10-cv-00345, at *10 (E.D. Cal. Apr. 7, 2010) (finding that Gant did not state it was articulating a “new rule” and that the Supreme Court did not hold that Gant should be retroactively applied on collateral review); Bess v. United States, 2010 U.S. Dist. LEXIS 46690, No. CV209-160 (S.D. Ga. Mar. 19, 2010) (“the Supreme Court has not made Gant retroactively applicable to cases on collateral review); United States v...continue to full post

Full post as published by Fourth Amendment on June 15, 2010 (boomark / email).