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Fifth Circuit· 6/30/1997

Green v. Johnson

Citations

  • 116 F.3d 1115
  • 1997 WL 359070

How courts have described this case

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

  • concluding that the claims were resolved on the merits when “[n]either the trial court’s nor the Court of Criminal Appeals’s order ma[de] mention of procedural grounds for denying relief”
  • explaining that a ruling on substantive as opposed to procedural grounds constitutes a hearing “on the merits”
  • stating that conscious and informed decision on trial tactics and strategy cannot be the basis of ineffective-assistance claim unless it is so ill- chosen that it permeates the entire trial with obvious unfairness
  • stating that counsel has no general duty to anticipate changes in the law
  • stating that “there is no general duty on the part of defense counsel to anticipate changes in the law” and that “counsel is not ineffective for failing to raise a claim that Texas courts have rejected repeatedly”
  • noting that on appeal, counsel has 1 See Docket No. 13 at 4 (recognizing that the Fifth Circuit has never considered Petitioner’s Rule 35 argument in the context of a proceeding pursuant to 18 U.S.C. § 3582(c

Source: CourtListener parenthetical corpus (CC0).

Judges: DeMOSS, Parker, Smith

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named Green v. Johnson

29 other CourtListener records share this case name.

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.