Seventh Circuit· 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 CourtListener

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

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

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