Burt v. Titlow

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondent.

Brief filed: 07/24/2013


Burt v. Titlow

United States Supreme Court; Case No. 12-414

Prior Decision

Decision below 680 F.3d 577 (6th Cir. 2012).


The proposed “stated-belief-in-innocence” exception on which the state’s argument rests would be inconsistent with the role of counsel in our legal system, and with this Court’s decisions clearly establishing an attorney’s Sixth Amendment duty to provide effective assistance at the plea stage. Strickland allows courts to find a reasonable probability that a defendant would have pleaded guilty but for deficient counsel when either: (a) her testimony to that effect is bolstered by objective corroborating evidence; or (b) her testimony is inherently credible.

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David Debold, Gibson, Dunn & Crutcher LLP, Washington, DC; Akiva Shapiro, Seth Rokosky and Sarah Kushner, Gibson, Dunn & Crutcher LLP, New York, New York; David M. Porter, Sacramento, CA.