Issue: Whether, after Roderick Lewis's counsel failed at sentencing to say anything more than that Lewis would
speak on his own behalf, the U.S. Court of Appeals for the 7th Circuit misapplied 28 U.S.C. § 2254
in holding that the failure to apply United States v. Cronic — in which the Supreme Court suggested that, though Strickland v. Washington requires an ineffective-assistance claimant to
prove both deficient performance and prejudice, some “circumstances. . . are so
likely to prejudice the accused that the cost of litigating their effect in a particular case is unjustified” — violated
“clearly established Federal law, as determined by the
Supreme Court of the United States.”
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