· 4/26/1995
Anthony Rozelle Banks v. Dan M. Reynolds, Warden, Oklahoma State Penitentiary, McAlester Oklahoma Susan B. Loving, Attorney General of Oklahoma
Citations
- 54 F.3d 1508
- 1995 U.S. App. LEXIS 9548
- 1995 WL 242619
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding both parts of Strickland test satisfied where appellate counsel failed to raise claim of violation of Brady v. Maryland, 373 U. S. 83 (1963)
- finding both parts of Strickland test satisfied where appellate counsel failed to raise claim of violation of Brady v. Maryland, 373 U. S. 83 (1963)
- noting “apparent circularity” of requirement that court assess merits of claim to determine whether counsel’s performance prejudiced defendant
- treating prejudice prong of Strickland test as equivalent to prejudice prong of cause-and-prejudice analysis
- ‘The performance and prejudice components of the Strickland analysis present mixed questions of law and fact which we review de novo.’
- sufficient allegations of ineffective assistance, underlying allegation of required prejudice, sufficient also to establish prejudice excusing state procedural default
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Anderson, Baldock
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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