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· 11/2/2007

Elliott v. WARDEN OF SUSSEX I STATE PRISON

Citations

  • 652 S.E.2d 465
  • 274 Va. 598
  • 2007 Va. LEXIS 137

How courts have described this case

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

  • holding that trial counsel was not ineffective under Strickland for failing to object to argument that constituted a fair comment based on the evidence, including the testimony of the some of the victim’s family
  • finding claims to be procedurally defaulted because the issues “could have been raised at trial and on direct appeal and, thus, are not cognizable in a petition for a writ of habeas corpus”
  • both the \performance\ and \prejudice\ prongs of Strickland were in issue and the petitioner contended that counsel's errors were prejudicial at trial as well as on appeal
  • a prosecutor’s argument was proper where based upon the evidence

Source: CourtListener parenthetical corpus (CC0).

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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.