Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

The United States Supreme Court: Trevino and Assistance of Counsel Claim - Essay Example

Comments (0) Cite this document
The issue of this case is ineffective assistance of counsel. Trevino claims that his attorney for his case not only did not discover evidence that would have mitigated Trevino’s crimes at the penalty phase so that he possibly would not have gotten the death penalty…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.4% of users find it useful
The United States Supreme Court: Trevino and Assistance of Counsel Claim
Read TextPreview

Extract of sample "The United States Supreme Court: Trevino and Assistance of Counsel Claim"

Download file to see previous pages At first blush, this case would seem to be, for lack of a better word, a “no-brainer.” The federal court is essentially stating that a lawyer has the duty to raise ineffective assistance of counsel arguments about himself. Moreover, the first lawyer did not really know just how ineffective he, himself, really was, at the time of the first state habeas proceeding. This is because the evidence that the lawyer should have found, that would be the basis for the ineffective assistance of counsel claim in the first place, was not yet found. In other words, during the first state habeas proceeding, the evidence upon which to base an ineffective assistance of counsel claim was not yet discovered. Yet the district federal court, and the circuit court, somehow thinks that the ineffective assistance of counsel claim should have been raised at a time when there was not any evidence available to raise it. Because the lawyer who was ineffective didn’t find that evidence yet! For this reason alone, the facts of the case strain common sense. However, the fact that the facts strain the boundaries of common sense does not present a legal basis for how the court should rule, so this is the analysis that needs to be fleshed out. A more careful analysis of the opinion in the Fifth Circuit Court of Appeal may provide clues to the court’s reasoning regarding this case, as well as flesh out a little more what the evidence was that the first attorney did not find. Specifically, what the evidence shows is that Seanito “Sam” Rey, who was a co-defendant in the crime, provided statements that contradicted the prosecution’s case, which was that Trevino was the one who actually killed Salinas. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“The United States Supreme Court: Trevino and Assistance of Counsel Essay”, n.d.)
The United States Supreme Court: Trevino and Assistance of Counsel Essay. Retrieved from
(The United States Supreme Court: Trevino and Assistance of Counsel Essay)
The United States Supreme Court: Trevino and Assistance of Counsel Essay.
“The United States Supreme Court: Trevino and Assistance of Counsel Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The United States Supreme Court: Trevino and Assistance of Counsel Claim

Voting Rights and the United States Supreme Court

...?Voting Rights and the United s Supreme Court Voter rights are not explicitly d in the U.S. Constitution, only by reference to the fact that the franchise cannot be denied based solely on certain enumerated qualifications. The "right to vote," also known as suffrage, is perhaps better understood as only barring certain forms of discrimination, leaving to the States the establishment of voter qualifications. The Supreme Court of the United States is the ultimate arbiter of constitutional issues and the history of voter’s rights is a long and contentious one. The Court changes its position...
4 Pages(1000 words)Essay

United States Court System a particular federal court are not requisite in another except if the U.S. Supreme Court has decided on subject matter under consideration. The existing federal court system has emerged through several congressional directives that have broadened the federal court system to satisfy its diverse and complex needs (May et al., 2007, 166). The 1968 Magistrate’s Act, the 1925 Judiciary Act, and the 1789 Judiciary Act all served major functions in the structuring of the federal court system in the contemporary period (Walston-Dunham, 2008, 39). *image taken from Google pictures As shown in the diagram above, the United...
6 Pages(1500 words)Research Paper

United States Supreme Court

...The United s' Supreme Court acts as a check for the legislative and executive branches of government as acts as the country's highest platform for not only judicial but also political resolution. Thus, it is natural that an appointment to become a Supreme Court justice is of public interest, if not concern. The interest in the nomination of Sonia Sotomayor to the Supreme Court by President Barrack Obama garnered more than its share of scrutiny. However, there are some opinion that the hesitation stems from Sotomayor's gender and race being a Latina. The attention was not just due to her skills and experience to take up...
1 Pages(250 words)Essay

United States Supreme Court and the Constitution

..., but it was not without its challenges and reality checks; in Martin v. Hunters' Lessee, the limits of federal power was reflected. Clearly, the U. S. Supreme Court is superior to a Virginia state court, however, the U. S. Supreme Court did not then and still cannot enforce a judgment under any circumstances. And the mood in Virginia surrounding Martin v. Hunters Lessee, was hostile. The federalist central government court of Chief Justice John Marshall claimed strong authority over the states by driving home its right to overturn states...
6 Pages(1500 words)Essay

United States Supreme Court

...($39,000) is less than the debt’s amount. The question presented is whether a debtor can “strip down” the lien of the creditor on the real property pledged as collateral for the debt to the value of the collateral; more specifically, the United States Supreme Court was asked to determine the applicability of section 506(d) to this particular set of circumstances. For the reasons discussed below, the Court held that section 506(d) did not allow the debtor to “strip down” the lien. As an initial matter, the Court admits that section 506(d) is ambiguous, that both parties have made valid points, but that sound policy and harmonization of...
2 Pages(500 words)Article

Supreme Court

...the children are given the appropriate moral guidance by their parental figures. Perhaps Vermont is too complacent in their viewpoints that children will naturally evolve into moral adults, thus there is no emphasis given in this aspect of guiding juvenile behaviors. This may have to do with the social class of the Vermont citizens, who are mostly middle- to upper-class who may just instinctively believe that these violent crimes simply could not be committed by their well-to-do sons and daughters. Powers describes the ease of acquiring heroin in the state, which may also contribute to the violent crime ratios and is associated with social class status, as these well-to-do youths can easily afford the drug prices. The...
2 Pages(500 words)Essay

United States Supreme Court Case the United States Supreme court on December 6, 2010. Among the issues that the Supreme court settled on included the relevant standing that the plaintiff had to sue the electric power companies by seeking the reduction of green house gas emissions, whether the claims by the plaintiff constitute political questions that are better left for the executive or legislative arms of the government to settle and if the efforts by the EPA and the congress in relation to the regulation of the green house gas emissions had ground to displace the plaintiffs and their ability to have the power companies be sued under the nuisance...
7 Pages(1750 words)Term Paper

Supreme Court

...and Fifth Amendment which were being violated. Decision of the court The decision of the court which was delivered by Justice Black and which had a 6-3 decision was the affirmation of the conviction order for Korematsu where it sided with the government about its national security and prevention of espionage. Reasoning in the case The reasoning of the court was not based on the constitutionality of the presidential executive order, the racial segregation or even the loyalty of the petitioner to the United States. It rather looked at the bigger picture which in this case was the safety of the citizens of the United...
6 Pages(1500 words)Essay

Supreme Court of the United States

...process. Consequently, the use of race is not an isolated factor to selection and this undermines discrimination of applicants from minority races. The case of Grantz, however, fails to identify the ‘narrowly tailored’ application and instead offers advantage to applicants from minority races. This is because the university offers additional 20 percent points to applicants from minority races, a factor that makes race an isolated and significant factor to qualification. The ‘narrowly tailored’ concept therefore establishes constitutionality of the university’s provisions under the Grutter case but unconstitutionality under the Grantz case (Supreme Court of the United...
1 Pages(250 words)Assignment

Supreme Court

.... Americans uses federalism in governing the Americans using the state laws , federal laws, and local government laws. Federalism has changed greatly in the course of the American history these changes include, eliminating the confederation articles and giving the federal laws supremacy over the state laws (R. Dye, Zeigler and Schubert). CONCLUSION Conclusion the , the supreme court has played a great role in advancing the Americans rights and freedoms over the last six years . These includes legalizing same sex marriages which is in accordance with the bill of rights of the American constitution. REFERENCES R. Dye, Thomas, Harmon Zeigler, and Loius Schubert. Irony Of Democracy. Print.... DD Month YYYY ESSAY POLITICAL SCIENCE...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The United States Supreme Court: Trevino and Assistance of Counsel Claim for FREE!

Contact Us