United States Third Circuit

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

• Published 2017/06/06

Judges

• KRAUSE

Court

• United States Third Circuit

Counsel