· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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