· 4/27/2009
Day v. Quarterman
Citations
- 566 F.3d 527
- 2009 U.S. App. LEXIS 9406
- 2009 WL 1110589
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that, to prevail on an IATC claim based on counsel’s failure to call a witness, the petitioner must demonstrate that “the witness was available to testify and would have done so”
- “[T]o prevail on an ineffective assistance claim based on counsel’s failure to call a witness, the petitioner must […] set out the content of the witness’s proposed testimony, and show that the testimony would have been favorable to a particular defense”
- requiring evidence to prove prejudice for a successful Strickland claim
- in the § 2254 context
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Southwick, Rodriguez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.