Sophanthvong v. Palmateer, ___ F.3d ___ (9th Cir. April 12, 2004) (Counsel not required to predict accurately how courts will resolve disputed issues; advice was at most "mere incorrect prediction" of application of statute and did not amount to "gross mischaracterization of the likely outcome" of plea bargain or trial; Strickland requires only objectively reasonable advice under prevailing professional norms).

Stankewitz v. Woodford, 365 F.3d 706 (9th Cir.), cert. den., 125 S. Ct. 517, 160 L. Ed. 2d 369 (2004) (evidentiary hearing required on claim of denial of effective assistance of counsel based on counsels failure to "investigate and introduce available, vital evidence of [defendants] childhood of abuse, poverty and institutionalization; his mental deficiencies amounting to borderline retardation; and his drug and alcohol abuse exacerbating his disturbed emotional state, particularly in the days leading up to the killing.").

State v. Saqib, ___ Iowa App. ___, 2004 WL 433967 (March 10, 2004) (trial counsel ineffective by failing to file motion in arrest of judgment to challenge guilty plea on grounds that neither written plea of guilty nor in-court colloquy informed defendant that guilty plea might affect immigration status; failure to move in arrest of judgment does not bar challenge to guilty plea if failure to file motion in arrest of judgment resulted from ineffective assistance).

Gomez-Diaz v. United States, ___ F.3d ___, 2005 WL 3465538 (11th Cir. Dec. 20, 2005) (2255 motion properly raises claim of ineffective assistance of counsel for failure to file a notice of appeal on request, despite government argument that plea agreement contained waiver of right to appeal from sentence).

United States v. Elliot, __ F.3d __ (9th Cir. Apr. 18, 2006) (trial court did not err in declaring mistrial when it appeared that defense counsel had previously represented a witness).

Earp v. Ornoski, ___ F.3d ___, 2005 WL 3440810 (9th Cir. Dec. 16, 2005) (denial of habeas petition reversed where petitioner had never been given an evidentiary hearing on prosecutorial misconduct and ineffective assistance of counsel claims).
http://caselaw.lp.findlaw.com/data2/circs/9th/0399005p.pdf

Leavitt v. Arave, ___ F.3d ___ (9th Cir. June 14, 2004) (original counsel cannot raise own ineffectiveness; exception therefore exists to state post-conviction relief statute of limitations where more time is necessary for independent counsel to determine whether IAC claim exists).
http://caselaw.lp.findlaw.com/data2/circs/9th/0199008p.pdf

Draughon v. Dretke, __ F.3d __, 2005 WL 2404154 (5th Cir. Sep. 30, 2005) (counsel provided ineffective assistance at both the guilt and sentencing phases of trial).
http://caselaw.lp.findlaw.com/data2/circs/5th/0470043cv0p.pdf

People v. Carter, __ Cal.4th __ (Cal. Aug, 15, 2005) ("Irregularities in pretrial commitment proceedings require reversal on appeal only where defendant shows he was deprived of a fair trial or otherwise suffered prejudice as a result. (People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 529.).").

1421390 (June 20, 2005) (defense counsel's failure to examine file on defendant's prior conviction for rape and assault at sentencing phase of capital murder trial fell below the level of reasonable performance, and such failure was prejudicial to defendant, warranting habeas relief on grounds of ineffective assistance of counsel, placing reliance on ABA Standards, which stated: "It is the duty of the lawyer to conduct a prompt investigation of the circumstances of the case and to explore all avenues leading to facts relevant to the merits of the case and the penalty in the event of conviction