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· 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

Sourced 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.