David A. Mapes, Petitioner-Appellee/cross-Appellant v. Arthur Tate, Warden, Respondent-Appellant/cross-Appellee

How courts have described this case

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

• explaining that prejudice exists if there is a reasonable probability that the appeal would have been successful had the claim been raised
• explaining that prejudice exists if there is a reasonable probability that the appeal would have been successful had the claim been raised
• explaining that prejudice exists if there is a reasonable probability that the appeal would have been successful had the claim been raised
• cautioning that, “[a]lthough the death penalty No. 03-3200 Getsy v. Mitchell Page 35 understandably evokes strong passions and emotions, the prevailing interests of federalism and comity demand that federal courts exercise restraint when issuing a writ of habeas corpus”
• noting that prejudice is shown if “there is ‘a reasonable probability that, but for his counsel’s [failings] . . ., [the defendant] would have prevailed on his appeal’” (alterations in original) (quoting Smith v. Robbins, 528 U.S. 259, 285 (2000)

Source: CourtListener parenthetical corpus (CC0).