· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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