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27 Mar 2009, 11:28 am
That the MacDonnell report itself, if credited, would be enough to suggest he'd received ineffective assistance of counsel. [read post]
23 Mar 2009, 1:35 pm
Strickland, No. 07-4375 In a First Amendment challenge to an Ohio obscenity statute, the Court of Appeals certified the following questions to the Ohio Supreme Court: 1) Is the Attorney General correct in construing O.R.C. section 2907.31(D) to limit the scope of section 2907.31(A), as applied to electronic communications, to personally directed devices such as instant messaging, person-to-person e-mails, and private chat rooms? [read post]
9 Mar 2009, 9:55 am
Strickland Docket Filing | Questions Presented Case Number: 07-689 On Appeal From: SC-NC Date Argued: October 14, 2008 Date Decided: March 9, 2009 5-4; Affirmed Majority: Kennedy(p), Roberts, Alito, Scalia(c), Thomas Dissent: Souter(d), Ginsburg(d), Stevens, Breyer Days between argument and opinion: 145 Related posts Supreme Court Releases Snyder Opinion (March 19, 2008) Supreme Court Releases Opinions in Pearson, Fitzgerald, Locke, and Waddington… [read post]
25 Feb 2009, 3:45 am
Moorer, involving a defendant who’d looted his employer’s cash register, the state’s case enhanced considerably by videotape evidence showing that Moorer was the only one who had access to the register at the time. [read post]
27 Jan 2009, 3:55 am
(SCOTUS did the same power move in Miranda and Strickland and hell, even Marbury v. [read post]
22 Jan 2009, 4:42 am
Ted Strickland (D) vetoed a measure providing tax... [read post]
16 Jan 2009, 10:57 am
Strickland, 693 F.2d 1243, 1263 (5th Cir. 1982) (en banc), rev'd on other grounds, 466 U.S. 668 (1984). [read post]
13 Jan 2009, 12:40 pm
§ 2254(d). [read post]
4 Jan 2009, 11:42 pm
Since I ended 2008 with a look back at the top stories of the past year, I thought I'd start 2009 with a look forward at what to expect in the new year. 1. [read post]
17 Dec 2008, 7:16 pm
Guida, No. 05-6105 In death penalty habeas proceedings in a case in which petitioner effectuated a murder-for-hire against her husband, denial of habeas relief is affirmed where: 1) state courts reasonably applied Strickland by concluding that petitioner sabotaged her own defense, as counsel's performance is not deficient when counsel follows a client's instructions; 2) state courts reasonably applied Brady because even if certain letters were favorable evidence, and were… [read post]
17 Dec 2008, 2:05 pm
I'd like to see Diana DeGette or Ed Perlmutter get it. [read post]
1 Dec 2008, 9:18 pm
Prelesnik, No. 072522 In conviction for second degree murder, grant of writ of habeas corpus for ineffective counsel is affirmed where: 1) potential alibi witnesses coupled with an otherwise weak case rendered the failure to investigate the testimony sufficient to "undermine confidence" in the outcome of the jury verdict; and 2) the state appellate court's application of Strickland v. [read post]
8 Nov 2008, 8:25 pm
If John Kerry had won in 2004, we'd have a different U.S. [read post]
12 Oct 2008, 3:37 pm
LEXIS 80044 (D. [read post]
1 Oct 2008, 3:00 pm
Strickland. [read post]
7 Sep 2008, 4:17 pm
Joseph D. [read post]
4 Sep 2008, 9:46 am
Sherrod Brown, D-Ohio, to announce the decision. [read post]
2 Sep 2008, 5:17 pm
Hernandez, No. 07-1828 In a matter of first impression concerning the application of section 4A1.1(d) of the federal sentencing guideline, sentence for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence"; and 2) the district court appropriately elevated his criminal history score by two points on that account. [read post]
28 Aug 2008, 2:15 pm
Mitchell, No. 02-3505 Denial of a petition for habeas relief in a death penalty case is reversed where: 1) a state court applied the Strickland standard in an objectively unreasonable manner for purposes of claims that petitioner's counsel were ineffective in preparing for the sentencing phase of his trial; 2) the state court unreasonably determined that the alleged errors of trial counsel did not prejudice petitioner's case; and 3) a state court erroneously evaluated a Brady… [read post]
25 Aug 2008, 1:11 am
Strickland Northern District of Ohio at ClevelandSUHRHEINRICH, Circuit Judge. [read post]
