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11 Jun 2012, 8:46 am by Chuck Peterson
The second is where appointed counsel in the initial-review collateral proceeding, where the claim should have been raised, was ineffective under the standards of Strickland v. [read post]
11 Jun 2012, 8:46 am by Chuck Peterson
The second is where appointed counsel in the initial-review collateral proceeding, where the claim should have been raised, was ineffective under the standards of Strickland v. [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
United States, 11-9711, Jackson v. [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]
24 May 2012, 12:14 am by zshapiro
Under the classic Supreme Court incompetence of counsel case, Strickland v. [read post]
23 May 2012, 4:00 pm by John Elwood
Next up is yet another state-on-top habeas case, Howes v. [read post]
21 May 2012, 7:49 pm by appealattorneylaw
This is a follow up to my last post, where I discussed an opinion issued by the United States Supreme Court, Missouri v. [read post]