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· 6/29/2001

Edward Lamonte Duncan v. Willis Morton, Administrator Attorney General of the State of New Jersey, John J. Farmer, Jr. Edward L. Duncan

Citations

  • 256 F.3d 189
  • 2001 WL 732014

How courts have described this case

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

  • holding that the failure to present the sworn statement or testimony of a proposed witness is fatal to an attempt to show Strickland prejudice
  • holding that defendant failed to establish Strickland prejudice as a result of counsel’s alleged failure to interview witness because defendant did not provide sworn testimony from the witness
  • holding habeas petitioner failed to establish Strickland prejudice when he failed to present any sworn testimony by the witnesses he claimed counsel should have investigated and called at trial
  • observing that where “testimony would have been more harmful than helpful to . . . [the] defense, we cannot find [trial counsel’s] failure to call [the witness]” constituted constitutionally deficient performance
  • determining that a habeas petitioner failed to establish prejudice as a result of counsel’s alleged failure to interview a witness because petitioner failed to present any sworn testimony by the witness indicating what the witness’s testimony would have been
  • showing of prejudice as to failure to investigate requires showing of proposed beneficial testimony which would have resulted from further investigation

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Roth, Rendell

Read full opinion on CourtListener

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.