· 8/28/2008
Ben-Yisrayl v. Buss
Citations
- 540 F.3d 542
- 2008 U.S. App. LEXIS 18531
- 2008 WL 3931618
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- § 2254(d)(2) sets “a daunting standard, but not insurmountable” (citing Miller–El v. Cockrell, 537 U.S. 322, 340 (2003))
- § 2254(d)(2) can be satisfied by showing, under § 2254(e)(1
- \[w]e are bound by a state court's interpretations of state law.\
- “Because the [factual] finding falls directly within the Indiana Supreme Court’s analysis of the prejudice element of the Strickland, the finding reflects an ‘unreasonable determination of the facts in light of the evidence presented.’”
- “The fact' that the Indiana Supreme Court’s decision only partially rested on this fact does not alter the reasonableness of the determination of the Strickland claim.... [E]ven a partial reliance on an erroneous fact finding can support a finding of unreasonableness.”
- discussing Wiggins v. Smith, 539 U.S. 510, 528 (2003)
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Posner, Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.