Friday, December 21, 2012

Sixth Circuit -- Dereck Dawson v. USA


Absent evidence of jury reliance on the instruction, ineffective assistance claim for not objecting to an instruction was harmless error.

No ineffective assistance claim for not objecting to prior bad act evidence, as court might have found it probative.

Tennessee Attempted Rape statute is categorically an ACCA predicate, despite the fact that it can be accomplished by fraud -- residual clause.

Dereck Dawson v. USA
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.