October Term 2000 · Docket 99-8576
Does a significant difference test measure Strickland prejudice?
The dispute centers on the correct standard for measuring prejudice under Strickland v. Washington.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Waldman represented the side that brought the case.
Mr. Dreeben represented the government.
Mr. Dreeben agreed the Seventh Circuit erred in adopting the significant difference test.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 13, lines 39-11 — Transcript, file page 13, lines 39-11
- Official Supreme Court Transcript — file page 3, lines 21-25 — Transcript, file page 3, lines 21-25
- Official Supreme Court Transcript — file page 3, lines 5-19 — Transcript, file page 3, lines 5-19
- Official Supreme Court Transcript — file page 31, lines 17-19 — Transcript, file page 31, lines 17-19
A citizen's guide to the whole case
What this case is about
Paul Glover challenges a lower court ruling. The government defends the lower court decision.
Official sources for this section
- Official Supreme Court Transcript — file page 13, lines 39-11 — Transcript, file page 13, lines 39-11
- Official Supreme Court Transcript — file page 3, lines 21-25 — Transcript, file page 3, lines 21-25
How the case got here
The Supreme Court heard oral argument in this case on November 27, 2000.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-19 — Transcript, file page 3, lines 5-19
What each side wants
Glover wants the Supreme Court to reject the significant difference test.
The government wants the Supreme Court to affirm the lower court decision.
Official sources for this section
- Official Supreme Court Transcript — file page 13, lines 39-11 — Transcript, file page 13, lines 39-11
- Official Supreme Court Transcript — file page 3, lines 21-25 — Transcript, file page 3, lines 21-25
What each side says
Glover argues the Seventh Circuit erred in adopting the significant difference test.
The government argues the lower court decision should stand on alternate grounds.
Official sources for this section
- Official Supreme Court Transcript — file page 13, lines 39-11 — Transcript, file page 13, lines 39-11
- Official Supreme Court Transcript — file page 3, lines 21-25 — Transcript, file page 3, lines 21-25
What the justices asked
Chief Justice Rehnquist asked if the government conceded the main question.
Chief Justice Rehnquist noted the government seeks affirmance on alternate grounds.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-19 — Transcript, file page 3, lines 5-19
- Official Supreme Court Transcript — file page 31, lines 17-19 — Transcript, file page 31, lines 17-19
Why it matters
The standard for measuring prejudice affects how courts evaluate ineffective assistance claims. This standard shapes the outcome of future criminal appeals.
Official sources for this section
- Official Supreme Court Transcript — file page 13, lines 39-11 — Transcript, file page 13, lines 39-11
- Official Supreme Court Transcript — file page 3, lines 21-25 — Transcript, file page 3, lines 21-25
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-19 — Transcript, file page 3, lines 5-19
- Official Supreme Court Transcript — file page 31, lines 17-19 — Transcript, file page 31, lines 17-19
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 13, lines 39-11 — Transcript, file page 13, lines 39-11
- Official Supreme Court Transcript — file page 3, lines 21-25 — Transcript, file page 3, lines 21-25
- Official Supreme Court Transcript — file page 13, lines 39-11 — Transcript, file page 13, lines 39-11
- Official Supreme Court Transcript — file page 3, lines 21-25 — Transcript, file page 3, lines 21-25
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.