DARDEN v. U.S.

No. 10-15640.

708 F.3d 1225 (2013)

Clifford DARDEN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 12, 2013.


Attorney(s) appearing for the Case

Mark Miller (Court-Appointed), Law Office of Mark Miller, PA, Stuart, FL, for Plaintiff-Appellant.

Todd B. Grandy , Colleen D. Murphy-Davis , Robert E. O'Neill , U.S. Attys., Tampa, FL, for Defendant-Appellee.

Before WILSON and HILL, Circuit Judges, and HUCK, District Judge.


HUCK, District Judge:

We are called upon to consider a question that has important implications for our Sixth Amendment jurisprudence: When reviewing an ineffective-assistance-of-counsel claim, must the district court presume prejudice where defense counsel, without consulting defendant, concedes that the prosecution has set forth enough evidence to convict defendant of some of the offenses for which he was charged in order to enhance defense counsel's credibility...

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