United States Third Circuit

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Vickers v. Superintendent Graterford SCI, 15-4012

In a criminal case in which defense counsel failed to secure an on-the-record waiver or to apprise petitioner of all aspects of his jury trial right before proceeding with a bench trial, the district court's grant of habeas corpus relief for ineffective assistance of counsel under Strickland is reversed where: 1) even under Strickland, a showing of prejudice is required; and 2) the proper prejudice inquiry in this situation is whether there is a reasonable likelihood that, but for his counsel's deficient performance, petitioner would have exercised his Sixth Amendment right to a jury trial, and petitioner here has failed to make that showing.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/06/06

Judges

  • KRAUSE

Court

  • United States Third Circuit

Counsel


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