Eighth Circuit· 7/24/2008

Armstrong v. Kemna

Citations

534 F.3d 857
2008 U.S. App. LEXIS 16253
2008 WL 2831837

How courts have described this case

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

noting Strickland requires attorneys to be “reasonably competent” using an objective standard
“[S]trategic choices resulting from lack of diligence in preparation and investigation [are] not protected by the presumption in favor of counsel.”
“On the other hand, strategic choices ‘resulting from lack of diligence in preparation and investigation [are] not protected by the presumption in favor of counsel.’ ”
while “strategic choices” generally are entitled to a presumption of reasonableness, “strategic choices ‘resulting from lack of diligence in preparation and investigation [are] not protected by the presumption in favor of counsel.’ ”
without a specific, affirmative showing as to what the missing evidence or testimony would have been, court cannot determine whether the petitioner was prejudiced by any alleged deficiencies in counsel's performance
“Ordinarily, a defendant’s 10 failure to present some evidence from the uncalled witness regarding that witness’s potential testimony would be fatal to an ineffective assistance of counsel claim.” (cleaned up and citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Hansen, Smith

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Armstrong v. Kemna

2 other CourtListener records share this case name.

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