Feldon Jackson, Jr. v. John Shanks

How courts have described this case

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

• recognizing that New Mexico’s procedural bar to claims not raised on direct appeal is an independent and adequate state ground for applying the federal habeas procedural-default doctrine
• holding federal courts “do not review issues that have been defaulted in state court on an independent and adequate state procedural ground, unless the default is excused through a showing of cause and actual prejudice or a fundamental miscarriage of justice”
• “Pursuing a diminished capacity defense would have been inconsistent with [the petitioner’s] complete denial of involvement in the robbery.”
• explaining counsel’s failure to make futile argument was neither deficient nor prejudicial
• “Absent counsel’s omission of an obvious winner on appeal, we are not inclined to second-guess appellate counsel’s decision to eliminate arguable but weak claims.”
• “Generally, the decision whether to call a witness rests within the sound discretion of trial counsel.”

Source: CourtListener parenthetical corpus (CC0).