Tenth Circuit· 5/5/1998

Feldon Jackson, Jr. v. John Shanks

Citations

143 F.3d 1313
98 Colo. J. C.A.R. 2182
1998 U.S. App. LEXIS 9003
1998 WL 220089

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).

Judges: Tacha, Kelly, Lucero

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Cited by

59 cases in this archive cite this case; the 20 most cited are listed.

Cites

68 cases in this archive are cited by this case; the 20 most cited are listed.

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