Daniel Makiel v. Kim Butler

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 the claim is poor issue selection, \appellate counsel's performance is deficient under Strickland only if she fails to argue an issue that is both 'obvious' and 'clearly stronger' than the issues actually raised\
• finding that to establish one’s right to compulsory process was violated by the exclusion of witness testimony, a plaintiff must show that: (1) the testimony would have been “both material and favorable” to his defense and (2
• noting Strickland’s two-prong test ap- plies to ineffective assistance claims concerning both trial and appellate counsel
• underscoring the “emphasis in appellate practice on not rais- ing too many different issues and thus not diluting or burying an appellant’s strongest points”
• Strickland not applied unreasonably; counsel selected issues for appeal and did not include an ad- ditional obvious claim
• at evidentiary hearing appellate counsel “testified that she could not remember spe‐ cifically considering and rejecting these issues.”

Source: CourtListener parenthetical corpus (CC0).