· 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 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.