Harvey v. Warden, Union Correctional Institution

How courts have described this case

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

• holding that trial counsel’s performance was not deficient for trusting his expert’s opinion and for not seeking a more thorough mental health evaluation
• concluding that “we cannot conclude that [the petitioner’s attorney] was deficient for trusting his own expert”
• recognizing that an attorney may validly focus on the penalty phase of a capital trial over the guilt phase when there is overwhelming evidence of guilt and the defendant consents to the strategy
• explaining that, given the presumption that counsel acted 42 Case: 12-13569 Date Filed: 11/19/2013 Page: 43 of 48 reasonably, a petitioner cannot benefit from “trial counsel’s short memory”
• opining that, because it is the defendant’s burden to prove a claim of ineffective assistance, - 17 - lapses in counsel’s memory should not be weighed in favor of the defendant
• applying § 2254(d)(2) to state court’s factual determinations underpinning its conclusion that the petitioner was not prejudiced under Strickland

Source: CourtListener parenthetical corpus (CC0).