Fifth Circuit Finds Evidence That One of Defendants Attorneys Slept During His Capital Murder Trial Insufficient to Prove Ineffective Assistance of Counsel

It’s often said that the ineffective assistance of counsel test is so tough to satisfy that even evidence that a defendant’s attorney slept during trial is insufficient to satisfy the standard. The latest example is Alvarez v. Guerrero, 2025 WL 3719047 (5th Cir. 2025).

In Alvarez, “Juan Carlos Alvarez was sentenced to death for the murders of Michael Aguirre and Jose Varela.” He later appealed, claiming that one of his two trial counsel slept during trial.

A majority … Read the rest

Justices clear the way for Louisiana wetlands trial against oil companies to go forward

Justices clear the way for Louisiana wetlands trial against oil companies to go forward

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The Supreme Court on Tuesday morning declined to put a Louisiana trial seeking compensation for the “existential threat” posed by coastal land loss on hold while the defendants in the case, a group of oil companies, seek review of a state court decision rejecting their request to transfer the case. The oil companies had argued that they cannot get a fair trial in the court where they are being sued because any awards against them will go to the … Read the rest