W.D. Washington· 9/15/2008

Gentry v. Sinclair

Citations

576 F. Supp. 2d 1130
2008 U.S. Dist. LEXIS 69473
2008 WL 4228377

How courts have described this case

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

finding that analysis of the state court’s decision regarding crime scene evidence “is not, however, the end of the inquiry in this federal habeas proceeding”
finding that the state court’s decision on counsel’s alleged failure to investigate impeachment evidence “is not a complete ruling on Gentry’s IAC claim”
“[ajssuming, without deciding, that trial counsel’s failure to investigate the crime scene evidence fell below the objective standard of reasonableness”
“Dr. Reay also testified that the victim’s pattern of lividity did not eliminate the potential that she was killed twenty-five yards from her final resting placet.]”
“[T]he touchstone of the Court’s inquiry here is ‘whether there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence.’ ”
Rule 56 doctrine that all evidence must be construed in the light most favorable to the party opposing summary judgment conflicts with, and is trumped by § 2254(e)(1), which mandates that findings of fact made by a state court are ‘presumed to be correct.’

Source: CourtListener parenthetical corpus (CC0).

Judges: Robert S. Lasnik

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Cites

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