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· 4/16/1998

Carrie C. Wong v. Christine Money, Warden Attorney General of the State of Ohio

Citations

  • 142 F.3d 313
  • 1998 U.S. App. LEXIS 7467
  • 1998 WL 175415

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that petitioner procedurally defaulted an “ineffective assistance claim rest[ing] on a theory which [was] separate and distinct from the one previously considered and rejected in state court”
  • holding claim must “be presented to the state courts under the same theory in which it is later presented in federal court”
  • explaining that a claim must be “presented to the state courts under the same theory in which it is later presented in federal court”
  • stating that “the doctrine of exhaustion requires that a claim be presented to the state courts under the same theory in which it is later presented in federal court”
  • instructing reviewing courts to “remember that ‘counsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment’”
  • finding no fair presentation of an ineffective-assistance claim where the claim “rests on a theory which is separate and distinct from the one previously considered and rejected in state court”

Source: CourtListener parenthetical corpus (CC0).

Judges: Guy, Nelson, Suhrheinrich

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.