· 2/3/2015
Brian Jones v. Kim Butler
Citations
- 778 F.3d 575
- 2015 WL 430436
- 2015 U.S. App. LEXIS 1691
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying straightforward Strickland analysis to ineffective assistance claim where defense counsel abandoned impeachment of state witness with prior inconsistent statement he received in pre- trial interview without a prover
- denying habeas relief on a claim involving counsel’s failure to impeach the testimony of a prosecution witness because “[w]e cannot say that [the witness’] testimony would have altered the outcome even if the impeachment had been perfected”
- declining to substitute the judgment of the state court about whether a witness’s recantation was credible as the “decision was within the authority of the Illinois courts and did not implicate a constitutional claim.”
- denying habeas relief on a claim involving counsel’s failure to impeach the testimony of a prosecution witness because “[w]e cannot say that [the witness’] testimony would have altered the outcome even if the impeachment had been perfected”
- claim that state court improperly denied petitioner an evidentiary hearing in post-conviction proceedings, even though couched as a “due process” violation, was not cognizable on federal habeas review
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Manion, Kanne
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.