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Sixth Circuit· 3/4/2013

Dwayne Ballinger, Jr. v. John Prelesnik

Citations

  • 709 F.3d 558
  • 2013 WL 776790
  • 2013 U.S. App. LEXIS 4369

How courts have described this case

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

  • concluding that habeas petitioner could not show prejudice from counsel’s failure to call an alibi witness where two eyewitnesses positively identified the petitioner as the perpetrator
  • concluding that habeas petitioner could not show prejudice from counsel’s failure to call an alibi witness where two eyewitnesses positively identified the petitioner as the perpetrator
  • holding that the rule for habeas review in Brown v. Smith, 551 F.3d 424 (6th Cir. 2008), had been called into doubt by Harrington v. Richter, 562 U.S. 86 (2011), even though Robinson v. Howes, 663 F.3d 819, 823& n.2 (6th Cir. 2011
  • treating state-court rejection of ineffective assistance of counsel claim as a merits adjudication even though state court of appeals refused to remand for an evidentiary hearing on the claim
  • “While allowing a petitioner to supplement an otherwise sparse trial court record may be appealing, especially where he diligently sought to do so in state court, the plain language of Pinholster and Harrington precludes it.”
  • “While allowing a petitioner to supplement an otherwise sparse trial court record may be appealing, especially where he diligently sought to do so in state court, the plain language of Pinholster and Harrington 19 precludes it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Siler, Cole, Sutton

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

Sourced 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.