Sophia Daire v. Mary Lattimore
812 F.3d 766
9th Cir.2016Background
- Daire was convicted by a California jury of first-degree burglary and later challenged her sentencing on federal habeas review.
- Daire claimed her trial counsel rendered ineffective assistance at sentencing under the Strickland standard (ineffective-assistance: deficient performance + prejudice).
- The district court, relying on Ninth Circuit precedent (Cooper-Smith and Davis), held that Strickland had not been "clearly established" for noncapital sentencing under 28 U.S.C. § 2254(d)(1), so AEDPA deference barred relief.
- The Ninth Circuit granted en banc rehearing to revisit whether Strickland clearly applies to noncapital sentencing ineffective-assistance claims.
- The en banc court held that Supreme Court decisions (Glover and Lafler) clearly establish that Strickland governs ineffective-assistance claims in noncapital sentencing, and overruled Cooper-Smith, Davis, and related contrary Ninth Circuit precedent.
- The case was remanded to the original three-judge panel to resolve the remaining merits consistent with the corrected legal rule.
Issues
| Issue | Plaintiff's Argument (Daire) | Defendant's Argument (Lattimore) | Held |
|---|---|---|---|
| Whether Strickland is "clearly established" federal law for ineffective-assistance claims in noncapital sentencing under § 2254(d)(1) | Strickland governs noncapital sentencing; counsel’s performance at sentencing must be evaluated under Strickland’s deficiency and prejudice tests | Prior Ninth Circuit precedent precluded finding Strickland "clearly established" for noncapital sentencing, so AEDPA bars federal habeas relief | The Supreme Court’s decisions in Glover and Lafler make clear that Strickland applies to noncapital sentencing; Ninth Circuit precedent to the contrary is overruled |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishing two-part ineffective-assistance-of-counsel test: deficient performance and prejudice)
- Glover v. United States, 531 U.S. 198 (2001) (applied Strickland to noncapital sentencing and rejected a heightened "significant increase" rule for prejudice)
- Lafler v. Cooper, 566 U.S. 156 (2012) (confirmed that ineffective assistance at sentencing in noncapital cases can cause Strickland prejudice and emphasized Sixth Amendment significance of any additional jail time)