MSU College of Law

The Kelley Institute
Law of Lawyering
Supreme Court Review

Cases tagged as: legal advice

Burt v. Titlow

134 S. Ct. 10, 187 L. Ed. 2d 348 (2013) (PDF)

The Court held that the Sixth Circuit failed to apply the correct standard ("doubly deferential" standard) of review when it did not credit the state district court's reasonable factual findings when the Circuit assumed ineffective assistance of counsel where the record was silent.

Related tag(s): 2013 Term, attorney-client relationship, ineffective assistance of counsel, legal advice, right to counsel,

Clapper v. Amnesty International USA

133 S. Ct. 1138 (2013) (PDF)

The Court reversed and remanded, 5-4, deciding that respondents lacked Article III standing to challenge FISA Amendments Act of 2008, 50 U.S.C. Section 1881(1)(a). The Court thus did not determine whether the federal wiretapping anti-terrorism program interferes with attorneys' ethical obligations.

Related tag(s): 2012 Term, attorney-client relationship, legal advice,

Hinton v. Alabama

134 S. Ct. 1081 (2014) (PDF)

Claim of ineffective assistance of counsel was supported when defense counsel in a capital murder trial failed to seek additional funds to replace an inadequate expert when that failure was based not on any strategic decision, but rather on a mistaken belief that available funding was capped at $1,000. The Court vacated the judgment below and remanded the case for reconsideration of whether the attorney's deficient performance was prejudicial.

Related tag(s): 2013 Term, ABA amicus brief filed, attorney-client relationship, ineffective assistance of counsel, legal advice, right to counsel, sixth amendment,

Holder v. Humanitarian Law Project

130 S. Ct. 2705 (2010) (PDF)

18 USSCS sec. 2339B did not require proof of intent to further an illegal terrorists organizations activities. The statute was not impermissibly vague as applied to plaintiff's proposed activities which included training and expert advice or assistance. The statute did not prohibit independent advocacy but providing even benign support to a foreign terrorist organization bolstered terrorist activities

Related tag(s): 2009 Term, legal advice, training,

Milavetz, Gallop & Milavetz, P.A. v. United States

130 S. Ct. 1324 (2010) (PDF)

Attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies under the BAPCPA, and as such Section 526(a)(4) prohibits an attorney only from advising a debtor to incur more debt because the debtor is filing for bankruptcy, rather than for a valid purpose. Section 528's advertising disclosure requirements are valid under the First Amendment as applied to Milavetz.

Related tag(s): 2009 Term, ABA amicus brief filed, advertising, decision against ABA amicus brief, legal advice,