· 8/6/2012
Christopher Mosley v. Mike Atchison
Citations
- 689 F.3d 838
- 2012 WL 3156316
- 2012 U.S. App. LEXIS 16259
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “[a] theoretical possibility d[id] not defeat [the 42 Appellate Case: 15-6190 Document: 010110830293 Date Filed: 03/21/2023 Page: 131 petitioner’s] showing of prejudice under Strickland”
- concluding that the state court’s rejection of a claim of ineffective assistance of counsel entailed an unreasonable application of Strickland because the court had disregarded the petitioner’s uncontroverted affidavits
- observing that defense counsel’s failure to investigate a witness may be a reasonable strategic judgment “only if the lawyer actually exercised judgment”
- noting the deferential presumption in that strategic decisions are reasonable “applies only if the lawyer actually exercised judgment.”
- presumption that strategic judgments are reasonable “ap- plies only if the lawyer actually exercised judgment”
- hold- ing that where important testimony was not offered and the evidence against the defendant was not overwhelming, Strick- land’s prejudice prong was satisfied
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Rovner, Hamilton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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