· 3/2/1992
Daniel Workman v. Arthur Tate, (Workman I)
Citations
- 957 F.2d 1339
- 1992 U.S. App. LEXIS 3538
- 1992 WL 39214
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendant was prejudiced by counsel’s failure to present evidence that, although cumulative to some degree, “would have contradicted directly” negative testimony
- noting that the case was not one where further investigation would be unlikely to bear fruit, which could excuse a lawyer’s failure to investigate
- noting that an attorney could not be deficient “where the defendant gave counsel reason to believe that further investigation would be in vain”
- determining that an inordinate delay in adjudicating state court claims may be a circumstance which would excuse the exhaustion of state court remedies
- highlighting “the principle that federal courts should defer to state courts in the interest of comity assumes that the state courts will give prompt consideration to claims”
- failure to procure testimony of witnesses who would have supported defendant's version of events created reasonable probability that outcome would have been different
Source: CourtListener parenthetical corpus (CC0).
Judges: Keith, Ryan, Timbers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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