The petition of the day is:

12-658

Issue: (1) Whether, when the state court failed to consider the cumulative prejudicial effect of many, related inadequacies of trial counsel because it unreasonably concluded that one of counsel’s failures did not constitute deficient performance, the federal habeas court should review the prejudice prong of the petitioner’s claim de novo, and without being limited to the state habeas record; and (2) whether the court of appeals’ sua sponte affirmance on the basis of a non-jurisdictional and curable pleading deficiency that was waived by the state is consistent with Wood v. Milyard .

 

Posted in Price v. Thomas, Cases in the Pipeline

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Feb. 18, 2013, 4:09 PM), http://www.scotusblog.com/2013/02/petition-of-the-day-404/