Search for: "D. STRICKLAND" Results 161 - 180 of 422
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11 Jul 2012, 9:57 pm by Rick Hasen
”89 The court confirmed this understanding of the section 4(a) bailout provision by citing to the Supreme Court’s City of Rome case, in which the Court held that the city of Rome, Georgia, “was ineligible to seek bailout because the coverage formula of § 4(b) ha[d] never been applied to it. [read post]
2 Jul 2012, 6:25 pm by Michael O'Hear
After Parker, should Darden claims now be regarded as falling into the same super-high deference category as Jackson and Strickland claims? [read post]
5 Jun 2012, 2:00 pm by John Elwood
§ 2254(e)(1)’s command that an underlying state-court fact determination must be presumed correct; (2) whether the Sixth Circuit violated Section 2254(d)(1) by granting habeas relief on a purportedly unreasonable application of state law; and (3) whether the Sixth Circuit violated § 2254(d)(1) by asserting its own prejudice standard – that a defendant “must only show that he had a substantial defense” – rather than the standard… [read post]
31 May 2012, 12:43 pm by John Elwood
§ 2254(e)(1)’s command that an underlying state-court fact determination must be presumed correct; (2) whether the Sixth Circuit violated Section 2254(d)(1) by granting habeas relief on a purportedly unreasonable application of state law; and (3) whether the Sixth Circuit violated § 2254(d)(1) by asserting its own prejudice standard – that a defendant “must only show that he had a substantial defense” – rather than the standard… [read post]
30 May 2012, 11:06 am by Dan Markel
California: From a Revolutionary Constitutional Doctrine to a Modest Ban on Status Crimes *Erik Luna (Washington and Lee University) The Story of Berry: When Hot Blood Cools *Susan D. [read post]
29 May 2012, 9:40 am by Matthew Bush
§ 2254(e)(1)’s command that an underlying state-court fact determination must be presumed correct; (2) whether the Sixth Circuit violated Section 2254(d)(1) of the Antiterrorism and Effective Death Penalty Act (AEDPA) by granting habeas relief on a purportedly unreasonable application of state law; and (3) whether the Sixth Circuit violated AEDPA § 2254(d)(1) by asserting its own prejudice standard – that a defendant “must only show that he had a… [read post]
23 May 2012, 4:00 pm by John Elwood
  In its petition, Michigan concedes that Walker’s trial counsel was ineffective, but maintains that that ineffectiveness was not prejudicial under Strickland. [read post]
21 May 2012, 2:15 pm by Matthew Bush
General Revenue Corp.Docket: 11-1175Issue(s): (1) Whether a prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) case may be awarded costs for a lawsuit that was not “brought in bad faith and for the purpose of harassment,” when the FDCPA provides that “[o]n a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney’s fees reasonable in relation to the work… [read post]
17 May 2012, 2:59 am
"If we thought there was an ongoing threat we'd be naming names. [read post]
15 May 2012, 8:45 am by Matthew Bush
§ 2254(e)(1)’s command that an underlying state-court fact determination must be presumed correct; (2) whether the Sixth Circuit violated Section 2254(d)(1) of the Antiterrorism and Effective Death Penalty Act (AEDPA) by granting habeas relief on a purportedly unreasonable application of state law; and (3) whether the Sixth Circuit violated AEDPA § 2254(d)(1) by asserting its own prejudice standard – that a defendant “must only show that he had a… [read post]
30 Apr 2012, 3:46 pm by Michael O'Hear
§ 2254(d), which largely codifies the Teague rule for habeas petitions attacking state-court convictions. [read post]
30 Apr 2012, 1:37 pm by Michael M. O'Hear
§ 2254(d), which largely codifies the Teague rule for habeas petitions attacking state-court convictions. [read post]
27 Apr 2012, 5:56 am by Deborah Schander
Julian Juergensmeyer Although it is law related – I still recommend The Lawyer Myth: A Defense of the American Legal Profession by Rennard Strickland and Frank T. [read post]
17 Apr 2012, 10:04 am
You may not think that's too hot, but you'd sure change your mind if you were locked inside a parked car. [read post]