Akuk Atak Alem Akok v. State of Iowa

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the state court’s decision was objectively unreasonable because it drew inferences and made credibility determinations when it claimed to be determining prima facie sufficiency
• absence of prima facie case is the determination reviewed for reasonableness under 7 AEDPA
• “But with the state court having refused [the petitioner] an evidentiary hearing, we need not of course defer to the state court’s factual findings—if that is indeed how those stated findings should be characterized—when they were made without such a hearing.”
• “But with the state court having refused [the petitioner] an evidentiary hearing, we need not of course defer to the state court’s factual findings—if that is indeed how those stated findings should be characterized—when they were made without such a hearing.”
• failure to accurately communicate plea offer constitutes ineffective assistance of counsel
• Where trial counsel gave petitioner “wrong information and advice” about the plea offer, petitioner “needed only to demonstrate that he had sufficient evidence for a reasonable fact finder to conclude with ‘reasonable probability’ that he would have accepted the plea offer.”

Source: CourtListener parenthetical corpus (CC0).