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· 8/26/2009

Ferguson Ex Rel. Ferguson v. Secretary for the Department of Corrections

Citations

  • 580 F.3d 1183
  • 2009 U.S. App. LEXIS 19198
  • 22 Fla. L. Weekly Fed. C 113

How courts have described this case

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

  • noting that Strickland asks if a different result is “reasonably probable,” not if it is “possible” (emphases omitted)
  • noting that Strickland asks if a different result is “reasonably 31 Case: 16-17478 Date Filed: 09/16/2020 Page: 32 of 43 probable,” not if it is “possible” (emphases omitted)
  • stating that a state court’s rejection of a petitioner’s federal constitutional claim on state procedural grounds precludes federal review if the state procedural ruling rests on an “independent and adequate” state law ground
  • stating that to show a violation of , a petitioner “must establish that (1) the prosecutor knowingly used perjured testimony or failed to correct what he subsequently learned was false testimony; and (2
  • “Florida law requires a defendant to make a ‘contemporaneous, specific objection . . . at the time of the alleged error’ to preserve an issue for appellate review.”
  • “Florida law requires a defendant to make a ‘contemporaneous, specific objection . . . at the time of the alleged error’ to preserve an issue for appellate review.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Birch, Wilson, Pryor

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.