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· 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 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.