Yarborough v. Gentry, 540 U.S. 1, 5 (2003) (per curiam)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Cite as: 540 U. S. 1 (2003)

Per Curiam

it, and be sure that's what you want to do, then come out and do it.

" 'Thank you. ' " Id., at 898- 899 (one paragraph break omitted).

After deliberating for about six hours, the jury convicted.

On direct appeal, Gentry argued that his trial counsel's closing argument deprived him of his right to effective assistance of counsel. The California Court of Appeal rejected that contention, and the California Supreme Court denied review. Gentry's petition for federal habeas relief was denied by the District Court, but the Court of Appeals for the Ninth Circuit reversed. We grant the State's petition for a writ of certiorari and the motion for leave to proceed in forma pauperis and reverse.

II

The Sixth Amendment guarantees criminal defendants the effective assistance of counsel. That right is denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense. Wiggins v. Smith, 539 U. S. 510, 521 (2003); Strickland v. Washington, 466 U. S. 668, 687 (1984). If a state court has already rejected an ineffective-assistance claim, a federal court may grant habeas relief if the decision was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States." 28 U. S. C. § 2254(d)(1). Where, as here, the state court's application of governing federal law is challenged, it must be shown to be not only erroneous, but objectively unreasonable. Wiggins, supra, at 520-521; Woodford v. Visciotti, 537 U. S. 19, 24-25 (2002) (per curiam); Williams v. Taylor, 529 U. S. 362, 409 (2000).

The right to effective assistance extends to closing arguments. See Bell v. Cone, 535 U. S. 685, 701-702 (2002); Herring v. New York, 422 U. S. 853, 865 (1975). Nonetheless, counsel has wide latitude in deciding how best to represent

5

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: October 4, 2007