Tenth Circuit· 2/22/2019

Cuesta-Rodriguez v. Carpenter

Citations

916 F.3d 885

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that when a prosecutor responds to an attack by trial counsel, the court assesses the response in light of the attack
reasoning that though “questions can be relevant indicators of juror misperception,” jury questions are not dispositive without more (citing Hooks v. Workman, 606 F.3d 715, 743 (10th Cir. 2010)
explaining in detail when mistakes by counsel can constitute “cause” to overcome a procedural default
declining to review the petitioner’s argument on the miscarriage-of-justice exception because he failed to preserve it for appellate review
rejecting habeas petitioner’s “infer[ence] [of] potential bases for conflicts” and “invit[ation] . . . to imagine the dilemma appellate counsel might be placed in” (brackets and quotations omitted)
finding the defense invited the comments by 12 “attempt[ing] to elicit sympathy for Cuesta-Rodriguez’s family—his son in particular— 13 based on the pain they would feel if he received the death penalty”

Source: CourtListener parenthetical corpus (CC0).

Judges: Holmes, Phillips, Tymkovich

Read full opinion on CourtListener

Cited by

3 cases in this archive cite this case.

Cites

75 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Cuesta-Rodriguez v. Carpenter

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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