Premo v. Moore
United States Supreme Court
569 U.S. ___ (2011)
Randy Moore's (defendant) counsel chose not to file a motion to suppress his confession to police, reasoning that even a successful suppression would leave two other witnesses -- Moore's brother and an accomplice's girlfriend -- able to testify to the same confession, and instead negotiated a no-contest plea to felony murder carrying the statutory minimum, avoiding a possible capital charge. Moore later sought habeas relief claiming ineffective assistance, and the Ninth Circuit reversed the trial court's denial of relief under Strickland v. Washington.
Whether habeas relief for a claim of ineffective assistance of counsel is appropriate if there is any reasonable argument that counsel's assistance was effective or that the defendant was not prejudiced by counsel's ineffective assistance.