Kentucky v. Cobb

Issue: (1) Whether, under Strickland v. Washington, a court can presume defective performance by counsel when the defendant claimed that his trial counsel was ineffective for having failed to challenge the prosecutor's use of peremptory strikes under Batson v. Kentucky, and can thus rule that the absence of a complete video of the voir dire possibly meant there was no Batson challenge; and (2) whether, under Strickland v. Washington, a court may presume that a defendant was prejudiced in the absence of a record showing that a Batson challenge would have been successful?

Briefs and Documents

Certiorari-stage documents

• Opinion below (Ky. Ct. App.)
• Petition for certiorari