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· 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 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.