United States Supreme Court

In this habeas corpus action, the Sixth Circuit held that defendant Donald's attorney provided per se ineffective assistance of counsel under US v. Cronic when he was briefly absent during testimony concerning other defendants. The judgment of the Sixth Circuit is reversed and the case is remanded for further proceedings, where: 1) Cronic applies in circumstances that are so likely to prejudice the accused that the cost of litigating their effect in a particular case is unjustified; and 2) the Michigan Court of Appeals' refusal to apply Cronic to these circumstances was not the "extreme malfunction" required for federal habeas relief.

Appellate Information

• Decided 03/30/2015
• Published 03/30/2015

Judges

Court

• United States Supreme Court

Counsel