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· 9/6/2002

Cortez Scott v. Frank Elo, Warden

Citations

  • 302 F.3d 598
  • 2002 U.S. App. LEXIS 18329
  • 2002 WL 2030715

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 habeas petitioner had failed to show prejudice from a gap in the transcript of closing argument in part because “the prosecutor could not recall any objections during closing arguments, and defense trial counsel did not dispute the prosecutor’s account”
  • finding that the petitioner’s claim was procedurally defaulted because, even if “cause” were established, the petitioner could not demonstrate actual prejudice
  • explaining that the Supreme Court decision in Mayer v. City of Chicago, 404 U.S. 189, 198 (1971
  • finding that Michigan habeas petitioner convicted of first-degree murder was not entitled to relief based upon the trial court’s failure to instruct on the lesser offense of involuntary manslaughter
  • denying habeas relief and concluding that even if prosecutor committed misconduct during closing argument, it was not an error that “jury instructions could not cure.”
  • “The Supreme Court has not held that constitutional claims that would not individually support habeas relief may be cumulated in order to support relief.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Suhrheinrich, Batchelder

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.