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6 May 2022, 7:04 am
This post summarizes published criminal law decisions from the Court of Appeals of North Carolina released on May 3, 2022. [read post]
19 Mar 2019, 4:28 pm
”); Strickland v. [read post]
25 Aug 2008, 1:11 am
Strickland Northern District of Ohio at ClevelandSUHRHEINRICH, Circuit Judge. [read post]
9 Jul 2020, 5:48 am
This post summarizes published criminal opinions of the Court of Appeals decided on July 7, 2020. (1) Accessory after the fact and obstruction of justice are distinct offenses and evidence supported jury instructions on each; (2) Failure to instruct the jury on the defendant’s belief that the killing was justified by self-defense was not plain error State v. [read post]
20 Jun 2014, 10:14 am
Shaw, 13-897, a state-on-top habeas case that asked whether, in an ineffective assistance claim, “a state appellate court’s holding that an omitted state law issue ultimately lacked merit precludes a federal habeas court from later finding either deficient performance or prejudice” under Strickland v. [read post]
7 Mar 2024, 6:43 am
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 5, 2024. [read post]
9 Jun 2008, 3:38 pm
The Fourth Circuit did not find any violation of the 6th Amendment, for Rule 15 depositions of witnesses, conducted in Saudi Arabia, at which the defendant was not physically present. [read post]
9 Aug 2010, 8:22 am
At some point, you start to wonder. [read post]
12 Dec 2023, 12:55 pm
Strickland, 321 N.C. 31, 39, 361 S.E.2d 882, 886–87 (1987) (prior assaults); Morgan, 315 N.C. at 635, 340 S.E.2d at 90 (same); but see State v. [read post]
17 Sep 2011, 2:54 pm
Strickland v. [read post]
19 Jun 2024, 4:21 pm
Eastbound Interstate 80 reopens near Kingvale following crash Updated: 4:21 PM PDT Jun 19, 2024 THIS IS KCRA 3 NEWS AT FIVE. [read post]
3 Mar 2008, 12:13 pm
Houston, No. 07-1157 Denial of habeas relief following petitioner's conviction for first degree sexual assault is affirmed where it was proper to analyze petitioner's ineffective assistance of trial counsel claim under Strickland v. [read post]
31 Dec 2012, 7:47 pm
TexasIssue: (1) Whether a state habeas petitioner who raises a freestanding actual-innocence claim under the Due Process Clause, and who demonstrates actual innocence by at least a preponderance of the evidence, must instead make that showing by clear and convincing evidence to warrant a new trial; and (2) whether, in light of trial counsel’s errors, petitioner received ineffective assistance of counsel in violation of Strickland v. [read post]
28 Dec 2019, 3:33 pm
ADA pleading – more than boilerplate is required Strickland v. [read post]
29 Sep 2011, 7:15 pm
The following is excerpted from my presidential speech at the 2011 Annual Meeting of the State Bar of Georgia at Myrtle Beach, S.C., and was published in the August 2011 issue of the Georgia Bar Journal. [read post]
14 Jan 2020, 9:07 am
John Elwood briefly reviews Monday’s relists. [read post]
29 Jan 2016, 1:49 pm
John Elwood reviews Monday’s relisted cases. [read post]
26 May 2008, 12:46 pm
The phrase "non-attorney" mediator rankles some conflict resolution professionals. [read post]
28 Feb 2020, 6:55 am
John Elwood briefly reviews Monday’s relists. [read post]
11 Oct 2023, 11:17 am
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]